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THE 

TRUE REPUBLICAN: 

CONTAINING THE 

INAUGURAL ADDRESSES, 

TOGETHER WITH THE 

FIRST ANNUAL ADDRESSES AND MESSAGES 

OF ALL THE PRESIDENTS OF THE UNITED STATES, FROM 1789 TO 1845; 
TOGETHER WITH THEIR 

FAREWELL ADDRESSES, 

AND ILLUSTRATED WITH THE 

PORTRAIT OF EACH OF THE PRESIDENTS. 

TO WHICH IS ANNEXED THE 

DECLARATION OF INDEPEtJDENCE AND CONSTITUTION OF THE UNITED 
STATES, WITH THE AMENDMENTS AND SIGNERS' NAMES. 

AliSO, THE 

CONSTITUTIONS OF MANY OF THE MOST IMPORTANT STATES DI 
THE UNION, 



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5 



BY JONATHAN FRENCH. 

LE AR Y & GETZ, 

138 NORTH SECOND STREET. 

185 3. 




LEntered according to Act ofCongress, in the year 1841, by D. RicHARiso"iI^ 
in the Clerk's Office of the District Court of the United States in and forlhe 
Eastern District of Pennsylvania.] 



)rw».fiA«<u. 



CONTENTS. 



Page 
5 



Declaration of Independence, - - 

Washington's Inaugural Address, - 10 

Washington's First Annual Address, - - 14 

Washington's Farewell Address, - - 17 

Adams' Inaugural Address, , _ . 34 

Adams' First Annual Message, - - - 40 

Jefferson's Inaugural Address, - - - 40 

Jefferson's First Annual Message, - - 52 

Madison's Inaugural Address, "^ - - - 61 

Madison's Firsf Annual Message, - - G4 

Monroe's Inaugural Address, - . - 69 

Monroe's First Annual Message, - - 78 

J. Q. Aaams' Inaugural Address, - - - 91 

J. Q. Adams' First Annual Message, - - 99 

Jackson's Inaugural Address, - - - 124 

Jackson's First Annual Message, - - 127 

Jackson's Farewell Address, - - - 156 

Yan Buren's Inaugural Address, - _ 173 

Van Buren's First Annual Message, - - 188 

Harrison's Inaugural Address, - - . 220 

Tyler's Address, - - - _ , 242 

Tyler's First Message, - - - . 247 

Polk's Inaugural Address, - - - - 263 

Constitution of the United States, (Appendix.) 5 

Coastitution of Massachusetts, - - - 21 

Constitution of New York, - - - - 57 

Constitution of New Jersey, - - . 90 

Constitution 01 Pennsylvania, - - . HI 

Constitution of Virginia, - - - 128 

Constitution of South Carolina, - - - 143 

Constitution of Ohio, - - - - 15q 

Constitution of Kentucky, - . . - 170 



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THE TRUE REPUBLICAN. 



DECLARATION OF INDEPENDENCE. 

When, in the course of human events, it becomea 
necessary for one people to dissolve the political bands 
which have connected them with another, and to assume, 
among the powers of the earth, the separate and equal 
station to which the laws of nature and of nature's God 
entitle them, a decent respect to the opinions of mankind 
requires that they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident, that all men 
are created equal; that they are endowed by their Creator 
with certain unalienable rights ; that among these are life, 
liberty, and the pursuit of happiness. That, to secure 
these rights, governments are instituted among men, deri- 
ving their just powers from the consent of the governed; 
and that, whenever any form of government becomes de- 
structive of these ends, it is the right of the people to 
alter or abolish it, and to institute new government, laying 
its foundations on such principles, and organizing its 
powers in such form, as to them shall seem most likely to 
effect their safety and happiness. Prudence, indeed, will 
dictate that governments, long established, should not be 
changed for light and transient causes ; and, accordingly, 
all experience hath shown, that mankind are more disposed 
to suffer, while evils are sufferable, than to right them- 
selves by abolishing the forms to which they are accus- 
tomed. But, when a long train of abuses and usurpa- 
tions, pursuing invariably the same object, evinces a de- 
sign to reduce them under absolute despotism, it is their 
right, it is their duty, to throw off such government, and 
to provide new guards for their future security. Such 
has been the patient sufferance of the colonies, and such 
1* 



6 THE TRUE REPUBLICAN. - ' 

js now the necessity which constrains them to alter their 
former systems of government. The history of the pre- 
sent king of Great Britain is a history of repeated injuries 
and usurpations, all having, in direct object, the establish- 
ment of an absolute tyranny over these states. To prove 
this, let facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his governors to pass laws of imme- 
diate and pressing importance, unless suspended in their 
operations till his assent should be obtained; and, when 
so suspended, he has utterly neglected to attend to them 

He has refused to pass otherlaws for the accommodation 
of large districts of people, unless those people would re- 
linquish the right of representation in the legislature ; a 
right inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places un- 
usual, uncomfortable, and distant from the repository of 
their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for 
opposing with manly firmness, his invasions on the rights 
of the people. 

He has refused, for a long time after such dissolutions, 
to cause others to be elected; whereby the legislative pow- 
ers, incapable of annihilation, have returned to the peo- 
ple at large for their exercise ; the state remaining, in the 
mean time, exposed to all the dangers of invasion from 
without, and convulsions within. 

He has endeavored to prevent the population of these 
states ; for that purpose, obstructing the laws of naturali- 
zation of foreigners, refusing to pass others to encourage 
their migration thither, and raising the conditions of new 
appropriations of lands. 

He has obstructed the administration of justice, by re- 
fusing his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for 
the tenure of their offices, and the amount and payment 
3f their salaries. i 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harass our people, and eat 
out their substance. 



DECLARATION OF INDEPENDENCE. 7 

He has kept among us in time of peace standing ar- 
mies, without the consent of our legislatures. 

He has affected to render the military independent of, 
and superior to, the civil power. 

He has combined, with others, to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our laws ; giving his assent to their acts of pretended 
legislation. 

For quartering large bodies of armed troops among us. 

For protecting them, by a mock trial, from punishment 
for any murders which they should commit on the inhabi- 
tants of these states. 

For cutting off our trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us, in many cases, of the benefit of trial 
by jury. 

For transporting us beyond seas to be tried for pre- 
tended offences : 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries so as to render 
it at once an example and fit instrument for introducing 
the same absolute rule into these colonies : 

For taking away our charters, abolishing our most va- 
luable laws, and altering, fundamentally, the forms of our 
governments : 

For suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

He has abdicated government here, by declaring us 
out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign 
mercenaries to complete the works of death, desolation, 
and tyranny, already begun, with circumstances of cru- 
elty and perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive 
on the high seas, to bear arms against their country, to 
become the executioners of their friends and brethren, 
or to fall themselves by their hands 



8 THE TRUE REPUBLICAN. 

He has excited domestic insurrections amongstiis, and 
has endeavored to bring on the inhabitants of our fron- 
tiers, the merciless Indian savages, whose known rule of 
warfare is an undistinguished destruction of all ages, 
sexes, and conditions. 

In every stage of these oppressions, we have petitioned 
for redress in the most humble terms. Our repeated 
petitions have been answered only by repeated injury. A 
prince, whose character is thus marked by every act which 
may define a tyrant, is unfit to be the ruler of a free people 

Nor have we been wanting in attention to our British 
brethren. We have warned them, from time to time, of 
the attempts by their legislature, to extend an unwar- 
rantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and mag- 
nanimity, and we have conjured them, by the ties of our 
common kindred, to disavow these usurpations, which 
would inevitably interrupt our connections and corres- 
pondence. They, too, have been deaf to the voice of 
justice and of consanguinity. We must, therefore, ac- 
quiesce in the necessity which denounces our separation, 
and hold them as we hold the rest vf mankind, enemies 
in war, in peace, friends. 

We, therefore, the Representatives of the United States 
of America, in General Congress assembled, appealing 
to the Supreme Judge of the world for the rectitude of 
our intentions, do, in the name, and by the authority of 
the good people of these colonies, solemnly publish and 
declare that these United Colonies are, and of right ought 
to be, free and independent States ; that they are absolv- 
ed from all allegiance to the British crown, and that all 
political connection between them and the state of Great 
Britain is, and ought to be, totally dissolved; and that, 
as free and independent States, they have full power to 
levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which in- 
dependent States may of right do. And, for the support 
of this declaration, with a firm reliance on the protection 
of Divine Providence, we mutually pledge to each other 
our lives, our fortunes, and our sacred honor. 



DECLARATION OF INDEPENDENCE, 



The foregoing declaration, was, by order of Congress 
engrossed, and signed by the following members : 



JOHN HANCOCK. 



New Hampshire, 

JOSIAH BaRTLETT, 

William Whipple, 
Matthew Thornton. 

Massachusetts Bay, 
Samuel Adams, 
John Adams, 
Robert Treat Paine, 
Elbridge Gerrv. 

Rhode Island. 
Stephen Hopkins, 
William Ellery. 

Connecticut. 
Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

New York. 
William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 

New Jersey. 
Richard Stockton, 
John Witherspoon, 
Francis Hopkin^on, 
John Hart, 
Abraham Clark. 

Pennsylvania, 
Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 



George Taylor, 
James Wilson, 
George Ross. 

Delaware, 
CiESAR Rodney, 
George Read, 
Thomas M'Kean. 

Maryland, 
Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, of 
Carrollton. 

Virginia, 
George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jr. 
Francis Lightfoot Leb, 
Carter Braxton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 
John Penn. 

South CTirolina 
Edward Rutledge, 
Thomas Heyward, Jr. 
Thomas Lynch, Jr. 
Arthur Middleton. 

Georgia. 
Button Gwinnett, 
Lyman Hall, 
George Walton. 



AO THE TRUE REPUBLICAN. 

WASHINGTON'S INAUGURAL ADDRESS, 
April 30, 1789. 



Fellow-Citizens of the Senate 

and House'of Representatives : 
Among the vicissitudes incident to life, no event could 
ave filled me with greater anxieties than that of which 
the notification was transmitted by your order, and re- 
ceived on the 14th day of the present month. On the one 
hand, I was summoned by my country, whose voice I can 
never hear but with veneration and love, from a retreat 
which I had chosen with the fondest predilection, and, in 
my flattering hopes, with an immutable decision, as the 
asylum of my declining years, a retreat which was ren- 
dered every day more necessary as well as more dear to 
me by the addition of habit to inclination, and of frequent 
interruptions in my health, to the gradual waste committed 
on it by time. On the other hand, the magnitude and 
difficulty of the trust to which the voice of my country 
called me, being sufficient to awaken in the wisest and 
most experienced of her citizens a distrustful scrutiny 
into his qualifications, could not but overwhelm with de- 
spondence, one, who, inheriting inferior endowments from 
nature, and unpractised in the duties of civil administra- 
tion, ought to be peculiarly conscious of his own defi- 
ciences. In this conflict of emotions, all that I dare avei 
is, that it has been my faithful study to collect my duty 
from a just appreciition of every circumstance by which 
it might be efl'ected. All I dare hope is, that if in execu- 
ting this task I have been too much swayed by a grateful 
remembrance of former instances, or by an aff'ectionate 
sensibility to this transcendent proof of the confidence of 
my fellow-citizens, and have thence too little consulted 
my incapacity as well as disinclination for the weighty 
and untried cares before me, my error will be palliated by 
the motives which misled me, and its consequences be 
judged by my country with some share ot the partiality 
with which they originated. 



Washington's inaugural address. 1 1 

Such being the impressions under which I have, in obe- 
dience to the public summons, repaired to the present 
station, it would be peculiarly improper to omit, in this 
first official act, my fervent supplications to that Almighty 
Being who rules over the universe — who presides in the 
councils of nations — and whose providential aids can 
supply every human defect, that his benediction may con- 
secrate to the liberties and happiness of the people of the 
United States a government instituted by themselves for 
these essential purposes, and may enable every instrument 
employed in its administration to execute with success the 
functions allotted to his charge. In tendering this ho- 
mage to the great Author of every public and private good, 
I assure myself that it expresses your sentiments not less 
than my own, nor those of my fellow-citizens at large, 
less than either. No people can be bound to acknow- 
ledge and adore the invisible Hand which conducts the 
afiTairs of men, more than the people of the United States. 
Every step by which they have advanced to the character 
of an independent nation seems to have been distinguished 
by some token of providential agency; and in the impor- 
tant revolution just accomplished in the system of their 
united government, the tranquil deliberations and voluntary 
consent of so many distinct communities, from which the 
event has resulted, cannot be compared with the means 
by which most governments have been established, with- 
out some return of pious gratitude, along with an humble 
anticipation of the future blessings which the past seems 
to presage. These reflections, arising out of the present 
crisis, have forced themselves too strongly on my mind to 
be suppressed. You will join with me, I trust, in think- 
ing that there are nonf nder the influence of which the 
proceedings of r^ new nd free government can more 
auspiciously commence 

By the article establioiiing the executive department, it 
is made the duty of ihe President "to recommend to 
your consideration sm-h measures as he shall judge ne- 
cessary -diid expedient, ' The circumstances under which 
I now meet you will acquit me from entering into that 
subject farther than to refer to the great constitutional 
charter under wliich you are assembled, and which, in 



12 THE TRUE REPUBLICAN. 

defining your powers, designates the objects to which your 
attention is to be given. It will be more consistent with 
those circumstances, and far more congenial with the 
feelings which actuate me, to substitute, in place of a 
recommendation of particular measures, the tribute that is 
due to the talents, the rectitude, and the patriotism which 
adorn the characters selected to devise and adopt them. 
In these honorable qualifications I behold the surest pledges 
that, as on one side, no local prejudices or attachments, 
no separate views nor party animosities, will misdirect the 
comprehensive and equal eye which ought to watch over 
this great assemblage of communities and interests : so, 
on another, that the foundations of our national policy will 
be laid in the pure and immutable principles of private 
morality; and the pre-eminence of free government be 
exemplified by all the attributes which can win the afiec- 
tions of its citizens, and command the respect of the 
world. I dwell on this prospect with every satisfaction 
which an ardent love for my country can inspire, since 
there is no truth more thoroughly established than that 
there exists in the economy and course of nature an in- 
dissoluble union between virtue and happiness, between 
duty and advantage; between the genuine maxims of an 
honest and magnanimous policy and the solid rewards of 
public prosperity and felicity ; since we ought to be no 
less persuaded that the propitious smiles of Heaven can 
never be expected on a nation that disregards the eternal 
rules of order and right which Heaven itself has ordained, 
and since the preservation of the sacred fire of liberty, and 
the destiny of the republican model of government, are 
justly considered as deeply, perhaps as finally staked on the 
experiment intrusted to the hands of the American people. 
Besides the ordinary objects submitted to your care, it 
will remain with your judgment to decide how far an ex- 
ercise of the occasional power delegated by the fifth arti- 
cle of the constitution is rendered expedient at the pre- 
sent juncture by the nature of the objections which have 
been urged against the system, or by the degree of in- 
quietude which has given birth to them. Instead of un- 
dertaking particular recommendations on this subject, in 
which I could be guided by no lights derived from offi- 



Washington's inaugural address. 13 

cial opportunities, I shall again give way to my entire 
confidence in your discernment and pursuit of the public 
good ; for I assure myself that while you carefully avoid 
every alteration which might endanger the Jbenefits of a 
united and effective government, or which ought to await 
the future lessons of experience, a reverence for the cha- 
racteristic rights of freemen, and a regard for the pub- 
lic harmony, will sufficiently influence your deliberations 
on the question how far the former can be more impreg- 
nably fortified, or the latter be safely and advantageously 
promoted. 

To the preceding observations I have one to add, which 
will be most properly addressed to the House of Repre- 
sentatives. It concerns myself, and will therefore be as 
brief as possible. When I was first honored with a call 
into the service of my country, then on the eve of an ar- 
duous struggle for its liberties, the light in which I con- 
templated my duty required that I should renounce every 
pecuniary compensation. From this resolution I have in 
no instance departed; and being still under the impres- 
sions which produced it, I must decline, as inapplicable 
to myself, any share in the personal emoluments which 
may be indispensably included in a permanent provision 
for the executive department, and must accordingly pray 
that the pecuniary estimates for the station in which I 
am placed, may, during my continuance in it, be limited 
to such actual expenditures as the public good may be 
thought to require. 

Having thus imparted to you my sentiments as they 
have been awakened by the occasion which brings us 
together, I shall take my present leave, but not without 
resorting once more to the benign Parent of the human 
race, in humble supplication that, since he has been 
pleased to favor the American people with opportunities 
for deliberating in perfect tranquillity and dispositions for 
deciding with unparalleled unanimity on a form of govern- 
ment for the security of their union and the advancement 
of their happiness, so his divine blessing may be equally 
conspicuous in the enlarged views, the temperate consul- 
tations, and the wise measures on which the success of 
this government must depend. 
2 



14 THE TRUE REPUBLICAN. 

WASHINGTON'S FIRST ANNUAL ADDRESS, 

January 8, 1790. 

Fellow- Citizens of the Senate 

and House of Representatives : 

I embrace with great satisfaction the opportunity which 
now presents itself of congratulating you on the present 
favorable prospects of our public affairs. The recent ac- 
cession of the important state of North Carolina to the 
constitution of the United States, (of which official in- 
formation has been received,) the rising credit and re- 
spectability of our country, the general and increasing 
good will towards the government of the Union, and the 
concord, peace, and plenty, with which we are blessed, 
are circumstances auspicious, in an eminent degree, to 
our national prosperity. 

In resuming your consultations for the general good, 
you cannot but derive encouragement from the reflection 
that the measures of the last session have been as satisfac- 
tory to your constituents, as the novelty and difficulty of 
the work allowed you to hope. Still further to realize 
their expectations, and to secure the blessings which a 
gracious Providence has placed within our reach, will, in 
the course of the present important session, call for the 
cool and deliberate exertion of your patriotism, firmness, 
and wisdom. 

Among the many interesting objects which will engage 
your attention, that of providing for the common defence 
will merit particular regard. To be prepared for war is 
one of the most effectual means of preserving peace. 

A free people ought not only to be armed, but disci 
plined ; to which end a uniform and well-digested plan is 
requisite : and their safety and interest require that they 
should promote such manufactures as tend to render them 
independent of others for essential, particularly military 
supplies. 

The proper establishment of the troops which may be 
deemed indispensable, will be entitled to mature conside- 
ration. In the arrangements which may be made re- 
specting it, it will be of importance to conciliate the com- 



Washington's first annual address. 15 

for table support of the officers and soldiers, with a due 
regard to economy. 

There was reason to hope that the pacific measures 
adopted with regard to certain hostile tribes of Indians 
would have relieved the inhabitants of our southern and 
western frontiers from their depredations; but you will 
perceive from the information contained in the papers 
which I shall direct to be laid before you, (comprehend- 
ing a communication from the commonwealth of Vir- 
ginia,) that we ought to be prepared to afford protection 
to those parts of the Union, and, if necessary, to punish 
aggressors. 

The interests of the United States require that our in- 
tercourse with other nations should be facilitated by such 
provisions as will enable me to fulfil my duty in that re- 
spect, in the manner which circumstances may render 
most conducive to the public good, and, to this end, that 
the compensations to be made to the persons who may 
be employed should, according to the nature of their 
appointments, be defined by law ; and a competent fund 
designated for defraying the expenses incident to the con- 
duct of our foreign affairs. 

Various considerations also render it expedient that the 
terms on which foreigners may be admitted to the rights 
of citizens, should be speedily ascertained by a uniform 
rule of naturalization. 

Uniformity in the currency, weights and measures of 
the United States, is an object of great importance, and 
will, I am persuaded, be duly attended to. 

The advancement of agriculture, commerce and manu- 
factures, by all proper means, will not, I trust, need re- 
commendation; but I cannot forbear intimating to you the 
expediency of giving effectual encouragement, as well 
to the introduction of new and useful inventions from 
abroad, as to the exertions of skill and genius in produ- 
cing them at home ; and of facilitating the intercourse 
between the distant parts of our country by a due atten- 
tion to the post office and post roads. 

Nor am I less persuaded that you will agree with me 
in opinion, that there is nothing which can better deserve 
your patronage than the promotion of science and litera- 



16 THE TRUE REPUBLICAN. 

ture. Knowledge is in every country the surest basis of 
public happiness. In one in which the measures of go- 
vernment receive their impressions so immediately from 
the sense of the community as in ours, it is proportiona- 
bly essential. To the security of a free constitution it 
contributes in various ways : by convincing those who 
are intrusted with the public administration, that every 
valuable end of government is best answered by the en- 
lightened confidence of the people ; and by teaching the 
people themselves to know and to value their own rights; 
to discern and provide against invasions of them ; to dis- 
tinguish between oppression and the necessary exercise 
of lawful authority ; between burdens proceeding from a 
disregard to their convenience, and those resulting from 
the inevitable exigencies of society ; to discriminate the 
spirit of liberty from that of licentiousness, cherishing 
the first, avoiding the last, and uniting a speedy but tem 
perate vigilance against encroachments, with an inviola 
ble respect to the laws. 

Whether this desirable object will be best promoted bf 
aflfording aids to seminaries of learning already establish 
ed ; by the institution of a national university ; or by anf 
other expedients, will be well worthy of a place in the de 
liberations of the legislature. 

Gentlemen of the House of Representatives : 

I saw with peculiar pleasure, at the close of the last 
session, the resolution entered into by you, expressive of 
your opinion that an adequate provision for the support of 
the public credit, is a matter of high importance to the 
national honor and prosperity. In this sentiment I en- 
tirely concur. And, to a perfect confidence in your best 
endeavors to devise such a provision as will be truly con- 
sistent with the end, I add an equal reliance on the cheer- 
ful co-operation of the other branch of the legislature. 
It would be superfluous to specify inducements to a mea- 
sure in which the character and permanent interest of the 
United States are so obviously and so deeply concerned, 
and which has received so explicit a sanction from your 
declaration. 



Washington's farewell address. 17 

Gentlemen of the Senate 

and House of Representatives : 

1 have directed the proper officers to lay before you, 
respectively, such papers and estimates as regard the af- 
fairs particularly recommended to your consideration, 
and necessary to convey to you that information of the 
state of the Union which it is my duty to afford. 

The welfare of our country is the great object to which 
our cares and efforts ought to be directed. And I shall 
derive great satisfaction from a co-operation with you, in 
the pleasing, though arduous task of insuring to our fel- 
low-citizens the blessings which they have a right to ex- 
pect from a free, efficient, and equal government. 



WASHINGTON'S FAREWELL ADDRESS, 

SEPTEMBER 17, 1796. 

Friends and Fellow- Citizens: 

The period for a new election of a citizen to adminis- 
ter the executive government of the United States being 
not far distant, and the time actually arrived when your 
thoughts must be employed in designating the person who 
is to be clothed with that important trust, it appears to 
me proper, especially as it may conduce to a more dis- 
tinct expression of the public voice that I should now 
apprize you of the resolution I have formed, to decline 
being considered among the number of those out of whom 
the choice is to be made. 

I beg you at the same time to do me the justice to be 
assured, that this resolution has not been taken without a 
strict regard to all the considerations appertaining to the 
relation which binds a dutiful citizen to his country ; and 
that in withdrawing the tender of service, which silence 
in my situation might imply, I am influenced by no di- 
minution of zeal for your future interest; no deficiency 
of grateful respect for your past kindness ; but am sup- 

3* 



18 THE TRUE REPUBLICAN. 

ported by a full conviction that the step is compatible 
with both. 

The acceptance of, and continuance hitherto in the 
office to which your suffrages have twice called me, have 
been a uniform sacrifice of inclination to the opinion of 
duty, and to a deference for what appeared to be youi 
desire. I constantly hoped that it would have been much 
earlier in my power, consistently with motives which I 
was not at liberty to disregard, to return to that retire- 
ment from which I had been reluctantly drawn. The 
strength of my inclination to do this, previous to the last 
election, had even led to the preparation of an address to 
declare it to you ; but mature reflection on the then per- 
plexed and critical posture of affairs with foreign nations, 
and the unanimous advice of persons entitled to my con- 
fidence, impelled me to abandon the idea. I rejoice that 
the state of your concerns, external, as well as internal, 
no longer renders the pursuit of inclination incompatible 
with the sentiment of duty or propriety; and am per- 
suaded, whatever partiality may be retained for my ser- 
vices, that in the present circumstances of our country 
you will not disapprove of my determination to retire. 

The impressions with which I first undertook the ar- 
duous trust, were explained on the proper occasion. In 
the discharge of this trust, I will only say that I have, 
with good intentions, contributed towards the organiza- 
tion and administration of the government the best exer- 
tions of which a very fallible judgment was capable. Not 
unconscious, in the outset, of the inferiority of my quali- 
fications, experience in my own eyes, perhaps still more 
in the eyes of others, has strengthened the motives to dif- 
fidence of myself; and, every day the increasing weight 
of years admonishes me more and more, that the shade 
o[ retirement is as necessary to me as it will be welcome. 
Satisfied that if any circumstances have given peculiar 
value to my services, they were temporary, I have the 
consolation to believe, that while choice and prudence 
invite me to quit the political scene, patriotism does not 
forbid it. ^ 

In looking forward to the moment which is to termi- 
nate the career of my political life, my feelings do not 



19 

permit me to suspend the deep acknowledgment of that 
debt of gratitude which I owe to my beloved country for 
the many honors it has conferred upon me ; still more for 
the steadfast confidence with which it has supported me : 
and for the opportunities I have thence enjoyed of mani- 
fasting my inviolable attachment, by services faithful and 
persevering, though in usefulness unequal to my zeal. 
If benefits have resulted to our country from these ser- 
vices, let it always be remembered to your praise, and as 
instructive example in our annals, that under circum- 
stances in which the passions, agitated in every direction, 
were liable to mislead- — amidst appearances sometimes 
dubious — vicissitudes of fortunes often discouraging — in 
situations in which not unfrequently want of success has 
countenanced the spirit of criticism — the constancy of 
your support v/as the essential prop of the efforts, and a 
guarantee of the plans by which they were effected. Pro- 
foundly penetrated with this idea, I shall carry it with me 
to my grave, as a strong incitement to unceasing wishes, 
that Heaven may continue to you the choicest tokens of 
its beneficence — that your union and brotherly affection 
may be perpetual — that the free constitution which is the 
work of your hands may be sacredly maintained — that its 
administration in every department may be stamped with 
wisdom and virtue — that, in fine, the happiness of the 
people of these states, under the auspices of liberty, may 
be made complete, by so careful a preservation, and so 
prudent a use of this blessing as will acquire to them the 
glory of recommending it to the applause, the affection, 
and adoption of every nation which is yet a stranger to it. 
Here, perhaps, I ought to stop. But a solicitude for 
your welfare, which cannot end but with my life, and the 
apprehension of danger, natural to that solicitude, urge 
me, on an occasion like the present, to offer to your so- 
lemn contemplation, and to recommend to your frequent 
review, some sentiments, which are the result of much 
reflection, of no inconsiderable observation, and which 
appear to me all-important to the permanency of your fe- 
licity as a people. These will be offered to you with the 
more freedom, as you can only see in them the disin- 
terested warnings of a parting friend, who can possibly 



20 THE TRUE Ri:rUi:LlCAN. 

have no personal motive to bias liis counsel. Nor can I 
forget, as an encouragement to it, your indulgent recep- 
tion of my sentiments on a former and not dissimilar 
occasion. 

Tntervroven as is the love of liberty with every liga- 
ment of our hearts, no recommendation of mine is neces- 
sary to fortify or confirm the attachment. 

The unity of government, which constitutes you one 
people, is also now dear to you. It is justly so ; for it is 
a main pillar in the edifice of your real independence ; 
the support of your tranquillity at home ; your peace 
abroad ; of your safety ; of your prosperity ; of that very 
liberty which you so highly prize. But as it is easy to 
foresee, that from different causes and from different 
quarters, much pains will be taken, many artifices em- 
ployed, to weaken in your minds the conviction of this 
truth ; as this is the point in your political fortress against 
which the batteries of internal and external enemies will 
be most constantly and actively (though often covertly 
and insidiously) directed ; it is of infinite moment, that 
you should properly estimate the immense value of your 
national union to your collective and individual happi- 
ness; that you should cherish a cordial, habitual, and 
immoveable attachment to it ; accustoming yourselves to 
think and to speak of it as a palladium of your political 
safety and prosperity ; watching for its preservation with 
jealous anxiety; discountenancing whatever may suggest 
even a suspicion that it can in any event be abandoned; 
and indignantly frowning upon the first dawning of every 
attempt to alienate any portion of our country from the 
rest, or to enfeeble the sacred ties which now link toge 
ther the various parts. 

For this you have every inducement of sympathy and 
interest. Citizens by birth or choice, of a common 
counti-y, that country has a right to concentrate your af- 
fections. The name of American, which belongs to you 
inyour national capacity, must always exalt the just pride 
of patriotism, more than any appellation derived from 
local discriminations. With slight shades of difference 
you have the same religion, manners, habits, and political 
principle. You have, in a common cause, fought and 



Washington's farewell address. 21 

triumphed together; the independence and liberty you 
possess, are the work of joint councils and joint efforts — 
of common dangers, sufferings, and success. 

But these considerations, however powerfully they ad- 
dress themselves to your sensibility, aregreatly outweigh- 
ed by those which apply more immediately to your interest. 
Here every portion of our country finds the most com- 
manding motives for carefully guarding and preserving 
the union of the whole. 

The north, in an unrestrained intercourse with the 
south, protected by the equal laws of a common govern- 
ment, finds in the productions of the latter, great addi- 
tional resources of maritime and commercial enterprise, 
and precious materials of manufacturing industry. The 
south, in the same intercourse, benefitting by the same 
agency of the north, sees its agriculture grow and its 
commerce expand. Turning partly into its own channels 
the seamen of the north, it finds its particular navigation 
invigorated — and while it contributes in different ways to 
nourish and increase the general mass of the national na- 
vigation, it looks forward to the protection of a maritime 
strength, to which itself is unequally adapted. The east, 
in like intercourse with the west, already finds in the pro- 
gressive improvement of interior communications by land 
and water, will more and more find a valuable vent for 
the commodities which it brings from abroad, or manu 
factures at home. The west, derives from the east sup- 
plies requisite to its growth and comfort — and what i? 
perhaps of still greater consequence, it must of necessity 
owe the secure enjoyment of indispensable outlets for its 
own productions, to the weight, influence, and the future 
maritime strength of the Atlantic side of the Union, di- 
rected by an indissoluble community of interest as on^ 
nation. Any other tenure by which the zvest can hol(^ 
this essential advantage, whether derived from its owp 
separate strength, or from an apostate and unnatural con • 
nection with any foreign power, must be intrinsically 
precarious. 

While, then, every part of our country thus feels an 
immediate and particular interest in union, all the parts 
combined cannot fail to find in the united mass of means 



22 THE TRUE REPUBLICAN. 

and efforts, greater strength, greater resource, propor- 
tionably greater security from external danger, a less 
frequent interruption of their peace by foreign nations ; 
and what is of inestimable value, they must derive from 
union an exemption from those broils and wars between 
themselves, which so frequently atflict neighboring coun- 
tries, not tied together by the same government, which 
their own rivalships alone would be sufficient to produce ; 
but which opposite foreign alliances, attachments, and 
intrigues, would stimulate and embitter. Hence, like- 
wise, they will avoid the necessity of those overgrown 
military establishments, which under any form of govern- 
ment are inauspicious to liberty, and which are to be 
regarded as particularly hostile to republican liberty. 
In this sense it is, that your union ought to be considered 
as a main prop of your liberty, and that the love of the 
one ought to endear you to the preservation of the other. 

These considerations speak a persuasive language to 
every reflecting and virtuous mind, and exhibit the con- 
tinuance of the union as a primary object of patriotic 
desire. Is there a doubt whether a common government 
can embrace so large a sphere ? Let experience solve it. 
To listen to mere speculation in such a case were crimi- 
nal. We are authorized to hope that a proper organiza- 
tion of the whole, with the auxiliary agency of govern- 
ments for the respective subdivisions, will afford a happy 
issue of the experiment. It is well worth a fair and full 
experiment. With such powerful and obvious motives to 
union, affecting all parts of our country, while experience 
shall not have demonstrated its impracticability, there will 
always be reason to distrust the patriotism of those who 
in any quarter may endeavor to weaken its bands. 

In contemplating the causes which may disturb our 
union, it occurs as matter of serious concern that any 
ground should have been furnished for characterizing 
parties, by geographical discriminations — Northern and 
Southern; Atlantic and Western; whence designing 
men may endeavor to excite a belief that there is a real 
difference of local interests and views. One of the expe- 
dients of party to acquire influence within particular 
districts, is to misrepresent the opinions and aims of other 



WASHINGTON S FAREWELL ADDRESS. 23 

districts. You cannot shield yourselves too much against 
the jealousies and heart-burnings which spring from these 
misrepresentations ; they tend to render alien to each 
other those who ought to be bound together by fraternal 
affection. The inhabitants of our western country have 
lately had a useful lesson on this head. They have seen 
in the negociation by the executive, and in the unanimous 
ratification by the senate of the treaty with Spain, and in 
the universal satisfaction at that event throughout the 
United States, a decisive proof how unfounded were the 
suspicions propagated among them of a policy in the 
general government, and in the Atlantic states, uniriend- 
ly to their interests in regard to the Mississippi. They 
have been witnesses to the formation of two treaties, that 
with Great Britain, and that with Spain, which secure to 
them every thing they could desire, in respect to our for- 
eign relations, toward confirming their prosperity. Will 
it not be their wisdom to rely for the preservation of these 
advantages on the union by which they were procured? 
Will they not henceforth be deaf to those advisers, if such 
there are, who would sever them from their brethren, and 
connect them with aliens ? 

To the efficacy and permanency of your union, a 
government for the whole is indispensable. No alliances, 
however strict between the parts, can be an adequate 
substitute; they must inevitably experience the infrac- 
tions and interruptions which alliances in all times have 
experienced. Sensible of this momentous truth, you 
have improved upon your first essay, by the adoption of 
a constitution of government better calculated than you^ 
former for an intimate union, and for the efficacious 
management of your common concern. This govern- 
ment, the offspring of your own choice, uninfluenced ana 
unawed; adopted upon full investigation and mature de- 
liberation ; completely free in its principles ; in the dis- 
tribution of its powers, uniting security with energy, 
and containing within itself provision for its own amend- 
ment, has a just claim to your confidence and youi 
support. Respect for its authority, compliance with its 
laws, acquiescence in its measures, are duties enjoined 
by the fundamental maxims of true liberty. The basis of 



24 THE TRUE REPUBLICAN. 

our political system is the right of the people to make 
and to alter their constitutions of government. But the 
constitution which at any time exists, until changed by 
an explicit and authentic act of the whole people, is sa- 
credly obligatory upon all. The very idea of the power 
and the right of the people to establish government, pre- 
supposes the duty of every individual to obey the esta- 
blished government. 

All obstructions to the execution of the laws, all 
combinations and associations, under whatever plausible 
character, with the real design to direct, control, coun- 
teract, or awe the regular deliberations and action of the 
constituted authorities, are destructive of this funda- 
mental principle, and of fatal tendency. They serve to 
organize faction ; to give it an artificial and extraordinary 
force ; to put in the place of the delegated will of the 
nation, the will of party, often a small, but artful and en- 
terprising minority of the community ; and according to 
the alternate triumphs of different parties, to make the 
public administration the mirror of the ill-concerted and 
incongruous projects of faction, rather than the organ of 
consistent and wholesome plans, digested by common 
counsels, and modified by mutual interests. 

However combinations or associations of the above 
description may now and then answer popular ends, they 
are likely, in the course of time and things, to become 
potent engines by which cunning, ambitious, and un- 
principled men will be enabled to subvert the power of 
the people, and to usurp for themselves the reins of 
government ; destroying afterwards the very engines which 
have lifted them to unjust dominion. 

Towards the preservation of your government, and the 
permanency of your present happy state, it is requisite 
not only that you steadily discountenance irregular oppo- 
sition to its acknowledged authority, but also that you 
resist with care the spirit of innovation upon its princi- 
ples, however specious the pretext. One method of 
assault may be to effect in the forms of the constitution 
alterations which will impair the energy of the system, 
and thus to undermine what cannot be directly over- 
hrown. In all the changes to which you may be invited, 



Washington's farewell address. Z5 

remember that time and habit are at least as necessary to 
fix the true character of governments, as of other human 
institutions; that experience is the surest standard by 
which to test the real tendency of the existing constitu- 
tions of a country; that facility in changes, upon the 
credit of mere hypothesis and opinion, exposes to per- 
petual change, from the endless variety of hypothesis and 
opinion; and remember especially, that from the efficient, 
management of your common interests, in a country so 
extensive as ours, a government of as much vigor as is 
consistent with the perfect security of liberty, is indis- 
pensable. Liberty itself will find in such a governmont 
with powers properly distributed and adjusted, its s.irest 
guardian. It is, indeeed, little else than a name, "Uere 
the government is too feeble to withstand the enterprises 
of faction, to confine each member of society within the 
limits prescribed by the laws, and to maintain all in the 
secure and tranquil enjoyment of the rights of person 
and property. 

I have already intimated to you the danger of parties 
in the state, with particular reference to the founding of 
them upon geographical discriminations. Let me now 
take a more comprehensive view, and warn you, in the 
most solemn manner, against the baneful effects of the 
spirit of party generally. 

This spirit, unfortunately, is inseparable from our na- 
ture, having its root in the strongest passions of the human 
mind. It exists under different shapes in all governments, 
more or less stifled, controlled, or repressed; but in those 
of the popular form it is seen in its greatest rankness, 
and is truly their worst enemy. 

The alternate domination of one faction over another, 
sharpened by the spirit of revenge, natural to party 
dissention, which in diflferent ages and countries has per- 
petrated the most horrid enormities, is itself a frightful 
despotism. But this leads at length to a more formal and 
permanent despotism. The disorders and miseries which 
result, gradually incline the minds of men to seek secu • 
rity and repose in the absolute power of an individual, 
and, sooner or later, the chief of some prevailing faction, 
more able or more fortunate than his competitors, turns 



26 THE TRUE REPUBLICAN. 

this disposition to the purposes of his own elevation on 
the ruins of the public liberty. 

Without looking forward to an extremity of this kind, 
(which nevertheless ought not to be entirely out of sight,) 
the common and continual mischiefs of the spirit of party 
are sufficient to make it the interest and duty of a wise 
people to discourage and restrain it. 

It serves always to distract the public councils, and 
enfeeble the public administration. It agitates the com- 
munity with ill-founded jealousies and false alarms; kin- 
dles the animosity of one part against another ; foments 
occasional riot and insurrection. It opens the door to 
foreign influence and corruption, which find a facilitated 
access to the government itself, through the channels of 
party passion. Thus the policy and will of one country 
are subjected to the policy and will of another. 

There is an opinion that parties in free countries are 
useful checks upon the administration of the government, 
and serve to keep alive the spirit of liberty. This, within 
certain limits, is probably true ; and in governments of a 
monarchial cast, patriotism may look with indulgence, 
if not with favor, upon the spirit of party. But in those 
of popular character, in governments purely elective, it 
is a spirit not to be encouraged. From the natural ten- 
dency, it is certain there will always be enough of that 
spirit for every salutary purpose ; and there being constant 
danger of excess, the eff'ort ought to be, by force of public 
opinion, to mitigate and assuage it. A. lire not to be 
quenched, it demands a uniform vigilance to prevent its 
bursting into a flame, lest, instead of warming, it should 
consume. 

It is important, likewise, that the habits of thinking, 
in a free country, should inspire caution in those intrust- 
ed with its administration, to confine themselves within 
their respective constitutional spheres; avoiding, in the 
exercise of the powers of one department, to encroach 
upon another. The spirit of encroachment tends to con- 
solidate the powers of all the departments in one, and 
thus to create, whatever the form of government, a real 
despotism. A just estimate of that love of power, and 
proneness to abuse it, which predominate in the human 



Washington's farewell address. 27 

heart, is sufficient to satisfy us of the truth of this posi- 
tion. The necessity of reciprocal checks in the exercise 
of political power, by dividing and distributing into dif • 
ferent depositories, and constituting each the guardian of 
the public weal against invasions of the other, has been 
evinced by experiments, ancient and modern; some of 
them in our country, and under our own eyes. To pre- 
serve them must be as necessary as to institute them. If, 
in the opinion of the people, the distribution or modifica- 
tion of the constitutional powers be, in any particular 
wrong, let it be corrected by an amendment in the way 
in which the constitution designates. But let there be no 
change by usurpation; for thrugh this, in one instance, 
may be the instrument of good, it is the customary wea- 
pon by which free governments are destroyed. The pre- 
cedent must always greatly overbalance, in permanent 
evil, any partial or transient benejEit which the use can at 
any time yield. 

Of all the dispositions and habits which lead to politi- 
cal prosperity, religion and morality are indispensable 
supports. In vain would that man claim the tribute of 
patriotism, who should labor to subvert these great pil- 
lars of human happiness — these firmest props of the duties 
of men and citizens. The mere politician, equally with 
the pious man, ought to respect and to cherish them. A 
volume could not trace all their connection with private 
and public felicity. Let it simply be asked, where is the 
security for property, for reputation, for life, if the sense 
of religious obligation desert the oaths, which are the 
instruments of investigation in courts of justice 1 And 
let us with caution indulge the supposition that morality 
can be maintained without religion. Whatever may be 
conceded to the influence of refined education on minds 
of peculiar structure, reason and experience both forbid 
us to expect that national morality can prevail in exclu- 
sion of religious principles. 

It is substantially true that virtue or morality is a ne- 
cessary spring of popular government. The rule indeed 
extends with more or less force to every species of free 
government. Who that is a sincere friend to it can look 
with indifference upon attempts to shake the foundation 
of the fabric ? 



28 THE TRUE REPUBLICAN. 

Promote, then, as an object of primary importance 
institutions for the general diffusion of knowledge. In 
proportion as the structure of a government gives force 
to public opinion, it is essential that public opinion should 
be enlightened. 

As a very important source of strength and security, 
cherish public credit. One method of preserving it, is 
t® use it as sparingly as possible, avoiding occasions of 
expense by cultivating peace, but remembering, also, that 
timely disbursements to prepare for danger, frequently 
prevent much greater disbursements to repel it; avoiding 
likewise the accumulation of debt, not only by shunning 
occasions of expense, but by vigorous exertions in time 
of peace to discharge the debts which unavoidable wars 
have occasioned, not ungenerously throwing upon pos- 
terity the burdens which we ourselves ought to bear. The 
execution of these maxims belongs to your representa- 
tives ; but it is necessary that public opinion should co- 
operate. To facilitate to them the performance of their 
duty, it is essential that you should practically bear in 
mind, that towards the payment of debts there must be 
revenue; that to have revenue there must be taxes ; that 
no taxes can be devised which are not more orless incon- 
venient and unpleasant ; that the intrinsic embarrassment, 
inseparable from the selection of the proper objects, 
(which is always a choice of difficulties,) ought to be a 
decisive motive for a candid construction of the conduct 
of the government in making it, and for a spirit of acqui- 
escence in the measures for obtaining revenue which the 
public exigencies may at any time dictate. 

Observe good faith and justice towards all nations; 
cultivate peace and harmony with all ; religion and mo- 
rality enjoin this conduct; and can it be that good policy 
does not equally enjoin it ? It will be worthy of a free, 
enlightened, and at no distant period, a great nation, to 
give to mankind the magnanimous and too novel example 
of a people always guided by an exalted justice and be- 
nevolence. Who can doubt but that in the course of 
time and things the fruits of such a plan would richly re- 
pay any temporary advantages which might be lost by a 
eteady adherence to it? Can it be that Providence has 



Washington's farewell address. 29 

connected the permanent felicity of a nation with its 
virtue? The experiment, at least, is recommended by 
every sentiment which ennobles human nature. Alas ! 
it is rendered impossible by its vices ! 

In the execution of such a plan, nothing is more 
essential than that permanent, inveterate antipathies 
against particular nations, and passionate attachment for 
others, should be excluded; and that in the place of 
them, just and amicable feelings towards all should be 
cultivated. The nation which indulges towards another 
an habitual hatred, or an habitual fondness, is in some 
degree, a slave. It is a slave to its animosity or to its 
affection, either of which is sufficient to lead it astray 
from its duty and its interest. Antipathy in one nation 
against another, disposes each more readily to offer insult 
and injury, to lay hold of slight causes of umbrage, and 
to be haughty and intractable when accidental or trifling 
occcasions of dispute occur. 

Hence frequent collisions, obstinate, envenomed, and 
bloody contests. The nation, prompted by ill will and 
resentment, sometimes impels to war the government, 
contrary to the best calculations of policy. The govern- 
ment sometimes participates in the national propensity, 
and adopts through passion what reason would reject; 
at other times it makes the animosity of the nation sub- 
servient to the projects of hostility, instigated by pride, 
ambition, and other sinister and pernicious motives. 
The peace often, sometimes, perhaps, the liberty of na- 
tions has been the victim. 

So, likewise, a passionate attachment of one nation for 
another produces a variety of evils. Sympathy for the 
favorite nation, facilitating the illusion of an imaginary 
common interest in cases where no real common interest 
exists, and infusing into one the enmities of the other, 
betrays the former into a participation in the quarrels and 
the wars of the latter, without adequate inducements or 
justification. It leads, also, to concessions to the favorite 
nation of privileges denied to others, which are apt 
doubly to injure the nation making the concessions, by 
unnecessarily parting with what ought to have been re- 
tained, and by exciting jealousy, ill will and a dispo- 
3* 



30 THE TRUE RErUBLICA-N. 

sition to retaliate in the parties from whom equal privi- 
leges are withheld ; and it gives to ambitious, corrupt, or 
deluded citizens, (who devote themselves to the favorite 
nation,) facility to betray or sacrifice the interests of their 
own country without odium, sometimes even with popu- 
larity ; gilding with the appearances of a virtuous sense 
of obligation to a commendable deference for public opi- 
nion, or a laudable zeal for public good, the base or fool- 
iish compliances of ambition, corruption, or infatuation. 

As avenues to foreign influence, in innumerable ways, 
such attachments are particularly alarming to the truly 
enlightened and independent patriot. How many oppor- 
tunities do they aff'ord to tamper with domestic factions, 
to practise the art of seduction, to mislead public opinion, 
to influence or awe the public councils ! Such an at- 
tachment of a small or weak, towards a great and power- 
ful nation, dooms the former to be the satellite of the 
latter. Against the insidious wiles of foreign influence 
(I conjure you to believe me, fellow-citizens) the jealousy 
of a free people ought to be constantly awake, since 
history and experience prove that foreign influence is one 
of the most baneful foes of republican government. But 
that jealousy, to be useful, must be impartial, else it be- 
comes the instrument of the very influence to be avoided, 
instead of a defence against it. Excessive partiality for 
one foreign nation, and excessive dislike for another, 
cause those whom they actuate to see danger only on one 
side, and serve to veil and even second the arts of influ- 
ence on the other. Real patriots, who may resist the 
intrigues of the favorite, are liable to become suspected 
and odious ; while its tools and dupes usurp the applause 
and confidence of the people to surrender their interests. 

The great rule of conduct for us, in regard to foreign 
nations, is, in extending our commercial relations to have 
with them as little political connection as possible. So 
far as we have already formed engagements, let them be 
fulfilled with perfect good faith. Here let us stop. 

Europe has a set of primary interests, which to us have 
none, or a very remote relation. Hence, she must be 
engaged in frequent controversies, tlie causes of which 



Washington's farewell address. 31 

are essentially foreign to our concerns. Hence, there* 
fore, it must be unwise in us to implicate ourselves by 
artificial ties, in the ordinary vicissitude of her politics, 
or the ordinary combinations and collisions of her friend- 
ships or enmities. 

Our detached and distant situation invites and enables 
us to pursue a different course. If we remain one peo- 
ple, under an efficient government, the period is not far 
off when we may defy material injury from external 
annoyance ; when we may take such an attitude as will 
cause the neutrality we may at any time resolve upon, to 
be scrupulously respected; when belligerent nations, 
under the impossibility of making acquisitions upon us, 
will not lightly hazard the giving us provocation; when 
we may choose peace or war, as our interest, guided by 
justice, shall counsel. 

Why forego the advantages of so peculiar a situation ? 
Why quit our own to stand upon foreign ground ? Why, 
by interweaving our destiny with that of any part of 
Europe, entangle our peace and prosperity in the toils 
of European ambition, rivalship, interest, humor or ca- 
price ? 

It is our true policy to steer clear of permanent alli- 
ances with any portion of the foreign world ; so far I mean, 
as we are now at liberty to do it ; for let me not be un- 
derstood as capable of patronizing infidelity to existing 
engagements. I hold the maxim no less applicable to 
public than to private affairs, that honesty is always the 
best policy. I repeat, therefore, let those engagements be 
observed in their genuine sense. But in my opinion, it 
is unnecessary, and would be unwise to extend them. 

Taking care always to keep ourselves, by suitable 
establishments, on a respectable defensive posture, we 
may safely trust to temporary alliances for extraordinary 
emergencies. 

Harmony, and a liberal intercourse with all nations, 
are recommended by policy, humanity, and interest. 
But even our commercial policy should hold an equal 
and impartial hand ; neither seeking nor granting exclu- 
sive favors or preferences ; consulting the natural course 
of things ; diffusing and diversifying by gentle means thd 



32 THE TRUE REPUBLICAN. 

stream of commerce, but forcing nothing; establishing 
with powers so disposed, in order to give trade a stable 
course, to define the rights of our merchants, and to 
enable the government to support them, conventional 
rules of intercourse, the best that present circumstances 
and natural opinion will permit, but temporary, and 
liable to be, from time to time, abandoned or varied, as 
experience and circumstances shall dictate; constantly- 
keeping in view that it is folly in one nation to look for 
disinterested favors from another; that it must pay with 
a portion of its independence for whatever it may accept 
under that character; that by such acceptance, it may 
place itself in the condition of having given equivalents 
for nominal favors, and yet of being reproached with 
ingratitude for not giving more. There can be no greater 
error than to expect or calculate upon real favors from 
nation to nation. It is an illusion which experience 
must cure, which a just pride ought to discard. 

In offering to you, my countrymen, these counsels of 
an old affectionate friend, 1 dare not hope they will make 
the strong and lasting impression I could wish — that they 
will control the usual current of the passions, or prevent 
our nation from running the course which has hitherto 
marked the destiny of nations. But if I may even flatter 
myself that they may be productive of some partial bene- 
fit, some occasional good ; that they may now and then 
recur to moderate the fury of party spirit; to warn against 
the mischiefs of foreign intrigue; to guard against the 
impostures of pretended patriotism ; this hope will be a 
full recompense for the solicitude for your welfare by 
which they have been dictated. 

How far in the discharge of my official duties I have 
been guided by the principles which have been delinea- 
ted, the public records and other evidences of my conduct 
must witness to you and to the world. To myself, the 
assurance of my own conscience is, that I have at least 
believed myself to be guided by them. 

In relation to the still subsisting war in Europe, my 
proclamation of the 22d of April, 1793, is the index to 
my plan. Sanctioned by your approving voice, and by 
that of your representatives in both houses of Congress, 



Washington's farewell address. 33 

the spirit of that measure has continually governed me, 
uninfluenced by any attempts to deter or divert me from it. 

After deliberate examination, with the aids of the best 
lights I could obtain, I was well satisfied that our coun- 
try, under all the circumstances of the case, had a right 
to take, and was bound in duty and interest to take, a 
neutral position. Having taken it, I determined, as far 
as should depend upon me, to maintain it with modera- 
tion, perseverance and firmness. 

The considerations which respect the right to hold 
this conduct, it is not necessary on this occasion to de- 
tail. I will only observe, that according to my under- 
standing of the matter, that right, so far from being de- 
nied by any of the belligerent powers, has been virtually 
admitted by all. 

The duty of holdinga neutral conduct may be inferred, 
without any thing more, from the obligation which justice 
and humanity impose on every nation, in cases in which 
it is free to act, to maintain inviolate the relations of 
peace and amity towards other nations. 

The inducements of interest for observing that con- 
duct, will best be referred to your own reflections and 
experience. With me, a predominant motive has been to 
endeavor to gain time to our country, to settle and mature 
its yet recent institutions, and to progress, without inter- 
ruption, to that degree of strength and constancy, which 
is necessary to give it, humanely speaking, the command 
of its own fortune. 

Though in reviewing the incidents of my administra- 
tion, I am unconscious of intentional error; I am ne- 
vertheless too sensil)le of my defects not to think it pro- 
bable that I may have committed many errors. What- 
ever they may be, I fervently beseech the Almighty to 
avert or mitigate the evils to which they may tend. I 
shall also carry with me the hope that my country will 
never cease to view them with indulgence; and that, 
after forty-five years of my life dedicated to its service, 
with an upright zeal, the faults of incompetent abilities 
will be consigned to oblivion, as myself must soon be to 
the mansions of rest. 



34 THE TRUE REPUBLICAN. 

Relying on its kindness in this as in other things, and 
actuated by that fervent love towards it, which is so natu- 
ral to a man who views in it the native soil of himself 
and his progenitors for several generations ; I anticipate, 
with pleasing expectation, that retreat, in which I promise 
myself to realize, without alloy, the sweet enjoyment of 
partaking in the midst of my fellow-citizens, the benign 
influence of good laws, under a free government; the 
ever favorite object of my heart, and the happy reward, 
as I trust, of our mutual cares, labors and dangers. 



ADAMS' INAUGURAL ADDRESS, 
March 4, 1797. 

When it was first perceived, in early times, that no 
middle course for America remained, between unlimited 
submission to a foreign legislature, and a total indepen- 
dence of its claims, men of reflection were less apprehen- 
sive of danger from the formidable power of fleets and 
armies they must determine to resist, than from those 
contests and dissensions which would certainly arise con- 
cerning the forms of government to be instituted over the 
whole and over the parts of this extensive country. Rely- 
ing, however, on the purity of their intentions, the justice 
of their cause, and the integrity and intelligence of the 
people, under an overruling Providence which had so sig- 
nally protected this country from the first, the represen- 
tatives of this nation, then consisting of little more than 
half its present number, not only broke to pieces the 
chains which were forging, and the rod of iron that was 
lifted up, but frankly cut asunder the ties which had 
bound them, and launched into an ocean of uncertainty. 

The zeal and ardor of the people, during the revolu- 
tionary war, supplying the place of government, com- 
manded a degree of order, sufiicient at least for the tem- 
porary preservation of society. The confederation which 





■'0)lf^N AIDI\ 




rm yra/r/^/j 



r 



ADAMs' INAUGURAL ADDRESS. 35 

was early felt to be necessary was prepared from the mo 
dels of the Batavian and Helvetic confederacies : the only 
examples which remain, with any detail and precision in 
history, and certainly the only ones which the people at 
large had ever considered. But, reflecting on the striking 
difference in so many particulars, between this country 
and those, where a courier may go from the seat of go- 
vernment to the frontier in a single day, it was then cer- 
tainly foreseen by some who assisted in Congress at the 
formation of it, that it could not be durable. 

Negligence of its regulations, inattention to its recom- 
mendations, if not disobedience to its authority, not only 
in individuals, but in states, soon appeared with their mel- 
ancholy consequences; universal languor; jealousies and 
rivalries of states ; decline of navigation and commerce ; 
discouragement of necessary manufactures ; universal fall 
in the value of lands and their produce ; contempt of 
public and private faith ; loss of consideration and credit 
with foreign nations ; and, at length, in discontents, ani- 
mosities, combinations, partial conventions, and insurrec- 
tion, threatening some great national calamity. 

In this dangerous crisis, the people of America were 
not abandoned by their usual good sense, presence of 
mind, resolution, or integrity. Measures were pursued 
to concert a plan to form a more perfect union, establish 
justice, insure do.mestic tranquillity, provide for the com- 
mon defence, promote the general welfare, and secure 
the blessings of liberty. The public disquisitions, dis- 
cussions and deliberations, issued in the present happy 
constitution of government. 

Employed in the service of my country abroad during 
the whole course of these transactions, I first saw the 
constitution of the United States in a foreign country. 
Irritated by no literary altercation, animated by no public 
debate, heated by no party animosity, I read it with great 
satisfaction, as a result of good heads, prompted by good 
hearts; as an experiment better adapted to the genius, 
character, situation, and relations of this nation and 
country, than any which had ever been proposed or sug- 
gested. In its general principles and great outlines, it 



36 THE TRUE REPUBLICAN. 

was conformable to such a system of government as I hai) 
ever most esteemed, and some states, my own native 
state in particular, had contributed to establish. Claim- 
ing a right of suffrage, in common with my fellow-citi- 
zens, in the adoption or rejection of a constitution which 
was to rule me and my posterity, as well as them and 
theirs, I did not hesitate to express my approbation of it, 
on all occasions, in public and in private. It was not 
then, nor has been since, any objection to it, in my mind, 
that the executive and senate were not more permanent. 
Nor have I ever entertained a thought of promoting any 
alteration in it, but such as the people themselves, in the 
course of their experience, should see and feel to be ne- 
cessary or expedient, and by their Representatives in Con- 
gress and the state legislatures, according to the consti- 
tution itself, adopt and ordain. 

Returning to the bosom of my country, after a painful 
separation from it for ten years, I had the honor to be 
elected to a station under the new order of things, and I 
have repeatedly laid myself under the most serious obli- 
gations to support the constitution. The operation of it 
has equalled the most sanguine expectations of its friends; 
and, from an habitual attention to it, satisfaction in its 
administration, and delight in its effects upon the peace, 
order, prosperity, and happiness of the nation, I have ac- 
quired an habitual attachment to it and veneration for it. 

What other form of government, indeed, can so well 
deserve our esteem and love ? 

There may be little solidity in an ancient idea, that 
congregations of men into cities and nations are the most 
pleasing objects in the sight of superior intelligencies : 
but this is very certain, that, to a benevolent human mind, 
there can be no spectacle presented by any nation more 
pleasing, more noble, majestic, or august, than an as- 
sembly like that which has so often been seen in this 
and the other chamber of Congress, of a government, in 
which the executive authority, as well as that of all the 
branches of the legislature, are exercised by citizens se- 
lected, at regular periods, by their neighbors, to make 
nnd execute laws for the general good. Can any thing 



ADAMs' INAUGURAL ADDRESS. 31 

essential, any thing more than mere ornament and deco- 
ration, be added to this by robes and diamonds? Can 
authority be more amiable and respectable, when it de- 
scends from accidents, or institutions established in re- 
mote antiquity, than when it springs fresh from the hearts 
and judgments of an honest and enlightened people ? 
For it is the people only that are represented: it is their 
power and majesty that is reflected, and only for their 
good, in every legitimate government, under whatever 
form it may appear. The existence of such a govern- 
ment as ours, for any length of time, is a full proof of a 
general dissemination of knowledge and virtue through- 
out the whole body of the people. And what object or 
consideration more pleasing than this, can be presented 
to the human mind? If national pride is ever justifiable, 
or excusable, it is when it springs, not from power or 
riches, grandeur or glory, but from conviction of national 
innocence, information and benevolence. 

In the midst of these pleasing ideas, we should be un- 
faithful to ourselves, if we should ever lose sight of the 
danger to our liberties, if any thing partial or extraneous 
should infect the purity Qjfour free, fair, virtuous, and in- 
dependent elections. If an election is to be determined 
by a majority of a single vote, and that can be procured 
by a party, through artifice or corruption, the government 
may be the choice of a party, for its own ends, not of 
the nation for the national good. If that solitary sufirage 
can be obtained by foreign nations by flattery or menaces, 
by fraud or violence, by terror, intrigue, or venality, the 
government may not be the choice of the A merican peo- 
ple, but of foreign nations. It may be foreign nations 
who govern us, and not we, the people, who govern our- 
selves. And candid men will acknowledge, that in such 
cases, choice would have little advantage to boast of, over 
lot or chance. 

Such is the amiable and interesting system of govern- 
ment (and such are some of the abuses to which it may 
be exposed) which the people of America have exhibited 
to the admiration and anxiety of the wise and virtuous of 
all nations for eight years, under the administration of a 
citizen, who, by a long course of great actions, regulated 
4 



38. THE TRUE REPUBI ICAN. 

by prudence, justice, temperance, and fortitude, conduct- 
ing a people, inspired with the same virtues, and anima 
ted with the same ardent patriotism and love of liberty, 
to independence and peace, to increasing wealth and un 
exampled prosperity, has merited the gratitude of his fel- 
low-citizens, commanded the highest praises of foreign 
nations, and secured immortal glory with posterity. 

In that retirement which is his voluntary choice, may 
he long live to enjoy the delicious recollection of his ser- 
vices, the gratitude of mankind, the happy fruits of them 
to himself and the world, which are daily increasing, and 
that splendid prospect of the future fortunes of this coun- 
try which is opening from year to year. His name may 
be still a rampart, and the knowledge that he lives, a bul- 
wark against all open or secret enemies of his country's 
peace. This example has been recommended to the imi- 
tation of his successors by both houses of Congress, and 
by the vmce of the legislatures and the people throughout 
the nation. 

On this subject it might become me better to be silent, 
or to speak with diffidence ; but, as something may be ex- 
pected, the occasion, I hope, will be admitted as an apo- 
logy, if I venture to say, That, 

If a preference, upon principle, of a free republican 
government, formed upon long and serious reflection, after 
a diligent and impartial inquiry after truth ; if an attach- 
ment to the constitution of the United States, and a con- 
scientious determination to support it, until it shall be al- 
tered by the judgments and wishes of the people, express- 
ed in the mode prescribed in it; if a respectful attention 
to the constitutions of the individual states, and a con- 
stant caution and delicacy towards the state governments ; 
if an equal and impartial regard to the rights, interest, 
honor, and happiness of all the states in the Union, with- 
out preference or regard to a northern or southern, an 
eastern Cr western position, their various political opi- 
nions on unessential points, or their personal attachments; 
if a love of virtuous men of all parties and denomina- 
tions ; if a love of science and letters, and a wish to pa- 
tronize every rational effort to encourage schools, col- 
leges, universities, academies, and every institution for pro- 



ADAMS INAUGURAL ADDRESS. 39 

pagating knowledge, virtue, and religion, among all classes 
of the people, not only for their benign iniluence on 
the happiness of life in all its stages and classes, and of 
society in all its forms, but as the only means of preserv- 
ing our constitution from its natural enemies, the spirit 
of sophistry, the spirit of party, the spirit of intrigue, the 
profligacy of corruption, and the pestilence of foreign in- 
fluence, which is the angel of destruction to elective go- 
vernments ; if a love of equal laws, of justice, and hu- 
manity in the interior administration; if an inclination to 
improve agriculture, commerce, and manufactures for ne- 
cessity, convenience, and defence; if a spirit of equity 
and humanity towards the aboriginal nations of America, 
and a disposition to meliorate their condition by inclining 
them to be more friendly to us, and our citizens to be 
more friendly to them ; if an inflexible determination to 
maintain peace and inviolable faith with all nations, and 
that system of neutrality and impartiality among the bel- 
ligerent powers of Europe which has been adopted by 
this government, and so solemnly sanctioned by both 
houses of Congress, and applauded by the legislatures of 
the states and the public opinion, until it shall be other- 
wise ordained by Congress; if a personal esteem foi the 
French nation, formed in a residence of seven years, 
chiefly among them, and a sincere desire to preserve 
the friendship which has be^n so much for the honor and 
interest of both nations ; if, while ihe conscious honor and 
integrity of the people of America, and the internal senti- 
ment of their own power and energies must be preserved, 
an earnest endeavor to investigate every just cause, and 
remove every colorable pretence of complaint ; if an in- 
tention to pursue by amicable negociation a reparation for 
the injuries that have been committed on the commerce 
of our fellow-citizens by whatever nation ; and if success 
cannot be obtained, to lay the facts before the legislature, 
that they may consider what further measures the honor 
and interest of the government and its constituents de- 
mand ; if a resolution to do justice, as far as may depend 
upon me, at all times and to all nations, and maintain 
peace, friendship, and benevolence with all the world; 
J fan unshaken confidence in the honor, spirit, and re- 



40 THE TRUE REPUBLICAN. 

sources of the American people, on which I have so often 
hazarded my all, and never been deceived; if elevated 
ideas of the high destinies of this country and of my own 
duties towards it, founded on a knowledge of the moral 
principles and intellectual improvements of the people, 
deeply engraven on my mind in early life, and not obscu- 
red, but exalted by experience and age; and, with humble 
reverence, I feel it to be my duty to add, if a veneration 
for the religion of a people who profess and call themselves 
Christians, and a fixed resolution to consider a decent re- 
spect for Christianity among the best recommendations 
for the public service, can enable me, in any degree to 
comply with your wishes, it shall be my strenuous endea-. 
vor, that this sagacious injunction of the two houses shall 
not be without effect. 

With this great example before me, with the sense and 
spirit, the faith and honor, the duty and interest, of the 
same American people, pledged to support the constitu- 
tion of the United States, I entertain no doubt of its con- 
tinuance in all its energy, and my mind is prepared, with- 
out hesitation, to lay myself under the most solemn obli- 
gations to support it to the utmost of my power. 

And may that Being who is supreme over all, the Pa- 
tron of order, the Fountain of justice, and the Protector, 
in all ages of the world, of virtuous liberty, continue his 
blessing upon this nation and its government, and give it 
all possible success and duration consistent with the ends 
of his Providence. 



ADAMS' FIRST ANNUAL ADDRESS, 

November 23, 1797. 

Gentlemen of the Senate 

and House of Representatives : 
I was for some time apprehensive that it would be ne- 
cessary, on account of the contagious sickness which af- 
flicted the city of Philadelphia, to convene the national 
legislature at some other place. This measure it was 



ADAMs' FIRST ANNUAL ADDRESS. 41 

aesirable to avoid, because it would occasion much public 
inconvenience, and a considerable public expense, and 
add to the calamities of the inhabitants of this city, whose 
sufferings must have excited the sympathy of all their fel- 
low-citizens ; therefore, after taking measures to ascer- 
tain the state and decline of the sickness, I postponed my 
determination, having hopes, now happily realized, that, 
without hazard to the lives of the members. Congress 
might assemble at this place, where it was by law next 
to meet. I submit, however, to your consideration, whe- 
ther a power to postpone the meeting of Congress, with- 
out passing the time fixed by the constitution, upon such 
occasions, would not be a useful amendment to the law of 
one thousand seven hundred and ninety-four. 

Although I cannot yet congratulate you on the re-esta- 
blishment of peace in Europe, and the restoration of se 
curity to the persons and properties of our citizens from 
injustice and violence at sea; we have, nevertheless, 
abundant cause of gratitude to the Source of benevolence 
and influence, for interior tranquillity and personal secu- 
rity, for propitious seasons, prosperous agriculture, pro- 
ductive fisheries, and general improvements, and above 
all, for a rational spirit of civil and religious liberty, and 
a calm but steady determination to support our sovereign- 
ty, as well as our moral and religious principles, against 
all open and secret attacks. 

Our envoys extraordinary to the French republic em- 
barked, one in July, the other early in August to join 
their colleague in Holland. I have received intelligence 
of the arrival of both of them in Holland, from whence 
they all proceeded on their journey to Paris, within a few 
days of the 19th of September. Whatever may be the 
result of this mission, I trust that nothing will have been 
omitted, on my part, to conduct the negociation to a suc- 
(5essful conclusion, on such equitable terms as may be 
compatible with the safety, honor, and interest of the 
United States. Nothing, in the mean time, will contri- 
bute so much to the preservation of peace, and the attain- 
ment of justice, as a manifestation of that energy and una- 
nimity, of which, on many former occasions, the people 
of the United States have given such memorable proofs. 
4* 



42 THE TRUE REPUBLICAN 

and the exertion of those resources for national defence 
which a beneficent Providence has kindly placed within 
their power. 

It may be confidently asserted, that nothing has occur- 
red, since the adjournment of Congress, whicli renders 
inexpedient those precautionary measures recommended 
by me to the consideration of the two houses, at tlie open- 
ing of your late extraordinary session. If that system 
was then prudent, it is more so now, as increasing depre 
dations strengthen the reasons for its adoption. 

Indeed, whatever may be the issue of the negociation 
with France, and whether the war in Europe is, or is not, 
to continue, I hold it most certain, that permanent tran- 
quillity and order will not soon be obtained. The state 
of society has so long been disturbed, the sense of moral 
and religious obligations so much weakened, public faith 
and national honor have been so impaired, lespecx to trea- 
ties has been so diminished, and the law of nations has 
lost so much of its force; wliile pride, ambilion, avarice, 
and violence, have been so long unrestrained, there re 
mains no reasonable ground on which to laise an expec- 
tation, that a commerce without protection or defence vvil\ 
not be plundered. 

The commerce of the United States is essential, if not 
to their existence, at least to their comfort, their growth, 
prosperity, and happiness. The genius, character, anil 
habits of tlie people are highly commercial ; their cities 
have been formed and exist upon commerce; our agri- 
culture, fislieries, arts, and manufactures, are connected 
with and depend upon it. In short, commerce has made 
this country what it is, and it cannot be destroyed or neg- 
lected witliout involving the people in poverty and dis- 
tress. Great numbers are directly and solely supported 
by navigation ; the faith of society is pledged for the pre- 
servation of tlie rights of commercial and seafaring, no 
less than of the other citizens. Under this view of our 
affairs, I should hold myself guilty of a neglect of duty if 
I forbore to recommend that we should make every exer- 
tion to protect our commerce, and to place our country in 
a suitable posture of defence, as the only sure means ot 
preserving both. 



43 

I have entertained an expectation that it would have 
been in my power, at the opening of this session, to have 
communicated to you the agreeable information of the 
due execution of our treaty with his Catholic majesty, re- 
specting the withdrawing of his troops from our territory, 
and the demarkation of the line of limits ; but, by the 
latest authentic intelligence, Spanish garrisons were still 
continued within our country, and the running of the 
boundary line had not been commenced ; these circum- 
stances are the more to be regretted, as they cannot fail to 
affect the Indians in a manner injurious to the United 
States. Still, however, indulging the hope that the 
answers which have been given will remove the objec- 
tions offered by the Spanish officers to the immediate 
execution of the treaty, I have judged it proper that we 
should continue in readiness to receive the posts, and to 
run the line of limits. Further information on this sub- 
ject will be communicated in the course of the session. 

In connection with this unpleasant state of things on 
our western frontier, it is proper for me to mention the 
attempts of foreign agents to alienate the affections of 
the Indian nations, and to excite them to actual hostili- 
ties against the United States; great activity has been ex- 
erted by those persons who have insinuated themselves 
among the Indian tribes residing within the territory of 
the United States, to influence them to transfer their af- 
fections and force to a foreign nation, to form them into 
a confederacy, and prepare them for a war against the 
United States. Although measures have been taken to 
counteract these infractions of our rights, to prevent In- 
dian hostilities, and to preserve entire their attachment 
to the United States, it is my duty to observe, that, to give 
a better effect to these measures, and to obviate the con- 
sequences of a repetition of such practices, a law provi- 
ding adequate punishment for such offences may be ne- 
cessary. 

The commissioners appointed under the fifth article of 
the treaty of amity, commerce and navigation between 
the United States and Great Britain, to ascertain the rivet 
which was truly intended under the name of the river St. 
Croix, mentioned in the treaty of peace, met at Passa 



44 THE TRUE REPUBLICAN. 

maquoddy Bay, in October, one thousand seven hundred 
and ninety-six, and viewed the mouths of the rivers in 
question, and adjacent shores on the islands; and being 
of opinion, that actual surveys of both rivers, to their 
sources, were necessary, gave to the agents of the two 
nations instructions for that purpose, and adjourned to 
meet at Boston, in August. They met; but the surveys 
requiring more time than had been supposed, and not be- 
ing then completed, the commissioners again adjourned 
to meet at Providence, in the state of Rhode Island, in 
June next, when we may expect a final examination and 
decision. 

The commissioners appointed in pursuance of the sixth 
article of the treaty, met at Philadelphia, in May last, to 
examine the claims of British subjects for debts contract- 
ed before the peace, and still remaining due to them from 
citizens or inhabitants of the United States. Various 
causes have hitherto prevented any determinations ; but 
the business is now resumed, and doubtless will be prose- 
cuted without interruption. 

Several decisions on the claims of the citizens of the 
United States for losses and damages sustained by reason 
of irregular and illegal captures or condemnations of their 
vessels or other property, have been made by the com- 
missioners in London, conformably to the seventh arti- 
cle of the treaty. The sums awarded by the commis- 
sioners have been paid by the British government; a con- 
siderable number of other claims, where costs and dama 
ges, and not captured property, were the only objects in 
question, have been decided by arbitration, and the sums 
awarded to the citizens of the United States have also 
been paid. 

The commissioners appointed, agreeably to the twen- 
ty-first article of our treaty with Spain, met at Philadel- 
phia, in the summer past, to examine and decide on the 
claims of our citizens for losses they have sustained in 
consequence of their vessels and cargoes having been ta- 
ken by the subjects of his Catholic majesty, during the 
late war between Spain and France. Their sittings have 
been interrupted, but are now resumed. 



ADAMS FIRST ANNUAL ADDRESS. 45 

The United States being obligated to make compensa 
lion for the losses and damages sustained by British sub- 
jects, upon the award of the commissioners acting under 
tlie sixth article of the treaty with Great Britain, and for 
the losses and damages sustained by British subjects, by 
reason of the capture of their vessels and merchandise, 
taken within the limits and jurisdiction of the United 
States, and brought into their ports, or taken by vessels 
originally armed in ports of the United States, upon the 
awards of the commissioners, acting under the seventh ar- 
ticle of the same treaty ; it is necessary that provision be 
made for fulfilling these obligations. 

The numerous captures of American vessels by the 
cruisers of the French republic, and of some of those of 
Spain, have occasioned considerable expenses in making 
and supporting the claims of our citizens before their 
tribunals. The sums required for this purpose, have, in 
divers instances, been disbursed by the consuls of the 
United States. By means of the same captures, great 
numbers of our seamen have been thrown ashore in for- 
eign countries, destitute of all means of subsistence, and 
the sick, in particular, have been exposed to grievous suf- 
ferings. The consuls have, in these cases also, advanced 
money for their relief; for these advances they reasonably 
expect reimbursements from the United States. 

The consular act, relative to seamen, requires revision 
and amendment ; the provisions for their support in for- 
eign countries, and for their return, are found to be inade- 
quate and ineffectual. Another provision seems neces- 
sary to be added to the consular act; some foreign vessels 
have been discovered sailing under the flag of the United 
States, and with forged papers ; it seldom happens that 
the consuls can detect this deception, because they have 
no authority to demand an inspection of the registers and 
sea-letters. 

Gentlemen of the House of Representatives : 

It is my duty to recommend to your serious considera- 
tion those objects, which, by the constitution, are placed 
particularly within your sphere, the national debts and 
taxes 



46 THE TRUE REPUBLICAN 

Since the decay of the feudal system, by which the 
public defence was provided for chiefly at the expense of 
individuals, the system of loans has been introduced ; and 
as no nation can raise within the year, by taxes, sufficient 
sums for the defence and military operations in time of 
war, the sums loaned and debts contracted have necessa- 
rily become the subjects of what have been called fund- 
ing systems. The consequences arising from the contin- 
ual accumulation of public debts in other countries, ought 
to admonish us to be careful to prevent their growth in 
our own. The national defence must be provided for, as 
well as the support of government; but both should be 
accomplished, as much as possible, by immediate taxes, 
and as little as possible by loans. 

The estimates for the service of the ensuing year, will 
by my direction, be laid before you. 

Gentlemen of the Senate, 

and House of Representatives : 

We are met together at a most interesting period. The 
situations of the principal powers of Europe are singular 
and portentous. Connected with some by treaties, and 
with all by commerce, no important event there can be in- 
difl'erent to us. Such circumstances call with peculiar 
importunity, not less for a disposition to unite in all thos© 
measures on which the honor, safety, and prosperity ot 
our country depend, than for all the exertions of wisdom 
and firmness. 

In all such measures, you may rely on my zealous and 
hearty concurrence. 



JEFFERSON'S INAUGURAL ADDRESS, 
March 4, 1801. 

Friends and Felloiv-citizens : 

Called upon to undertake the duties of the first execu- 
tive oflUce of our country, I avail myself of the presence 
of that portion of my fellow-citizens which is here as- 



f* 

^•/»^ 




m JIEFFEIFSS^W, 




'0^. 



JEFFERSON S INAUGURAL ADDRESS. 47 

sembled, to express my grateful thanks for the favor with 
which they have been pleased to look towards me, to de- 
clare a sincere consciousness that the task is above my 
talents, and that I approach it with those anxious and aw- 
ful presentiments, which the greatness of the charge, and 
the weakness of my powers, so justly inspire. A rising 
nation, spread over a wide and fruitful land, traversing all 
the seas with the rich productions of their industry, en- 
gaged in commerce with nations who feel power and for- 
get right, advancing rapidly to destinies beyond the reach 
of mortal eye; when I contemplate these transcendent 
objects, and see the honor, the happiness, and the hopes 
.of this beloved country committed to the issue and the 
auspices of this day, I shrink from the contemplation, and 
humble myself before the magnitude of the undertaking. 
Utterly indeed should I despair, did not the presence of 
many whom I here see remind me that, in the other high 
authorities provided by our constitution, I shall find re- 
sources of wisdom, of virtue, and of zeal, on which to 
rely under all difficulties. To you, then, gentleman, who 
are charged with the sovereign functions of legislation, 
and to those associated with you, I look with encourage- 
ment for that guidance and support which may enable us 
to steer with safety the vessel in which we are all em- 
barked amid the conflicting elements of a troubled world. 

During the contest of opinion through which we have 
passed, the animation of discussion and of exertions has 
sometimes worn an aspect which might impose on stran- 
gers unused to think freely, and to speak and to write 
what they think; but this being now decided by the voice 
of the nation, announced according to the rules of the 
constitution, all will of course arrange themselves under 
the will of the law, and unite in common efforts for the 
common good. . All too will bear in mind this sacred 
principle, that though the' will of the majority is in all 
cases to prevail, that will, to be rightful, must be reason- 
able ; that the minority possess their equal rights, which 
equal law must protect, and to violate, would be oppres- 
sion. Let us, then, fellow-citizens, unite with one heart 
and one mind, let us restore to social intercourse that 
harmony, and affection, without which liberty, and even 
life itself, are but dreary things. And let us reflect, that. 



48 THE TRUE REPUBLICAN. 

having banished from our land that religious intolerance 
under which mankind so long bled and suffered, we have 
yet gained little, if we countenance a political intole- 
rance, as despotic, as wicked, and capable of as bitter and 
bloody persecutions. During the throes and convulsions 
of the ancient world, during the agonizing spasms of in 
furiated man, seeking throuoh blood and slaughter his 
long-lost liberty, it was not wonderful that the agitation 
of the billows should reach even this distant and peaceful 
shore ; that this should be more felt and feared by some, 
and less by others ; that this should divide opinions as to 
measures of safety ; but every difference of opinion is not 
a difference of principle. We have called by different 
names brethren of the same principle. We are all repub- 
licans ; we are all federalists. If there be any among 
us who would wish to dissolve this Union, or to change 
its republican form, let them stand undisturbed as monu- 
ments of the safety with which error of opinion may be 
tolerated, where reason is left free to combat it. I know 
indeed that some honest men fear that a republican gov- 
ernment cannot be strong ; that this government is not 
tstrong enough. But would the honest patriot, in the full 
tide of successful experiment, abandon 3 government which 
has so far kept us free and firm, on the theoretic and vis- 
ionary fear that this government, the world's best hope, 
may, by possibility, want energy to preserve itself? I 
trust not. I believe this, on the contrary, the strongest 
government on earth. I believe it the only one where 
every man, at the call of the laws, would fly to the stan- 
dard of the law, and would meet invasions of the public 
order as his own personal concern. Sometimes it is said 
that man cannot be trusted with the government of him- 
self. Can he then be trusted with the government of 
others ; or have we found angels in tlie forms of kings to 
govern him ? Let history answer this question. 

Let us, then, with courage and confidence, pursue our 
own federal and republican principles, our attachment to 
our union and representative government. Kindly sepa- 
rated by nature and a wide ocean from the exterminating 
havoc of one quarter of the globe ; too high-minded to 
enduie the degradations of the others ; possessing a 



jeffekoon s inaugural address. 49 

chosen country, with room enough for our descendants to 
the thousandth and thousandth generation; entertaining 
a due sense of our equal right to the use of our own fa- 
culties, to the acquisitions of our industry, to honor and 
confidence from our fellow-citizens, resulting not from 
birth, but from our actions and their sense of them ; en- 
lightened by a benign religion, professed indeed and 
practised in various forms, yet all of them including ho- 
nesty, truth, temperance, gratitude, and the love of man, 
acknowledging and adoring an overruling Providence, 
which, by all its dispensations, proves that it delights in 
the happiness of man here, and his greater happiness 
hereafter ; with all these blessings, what more is neces- 
sary to make us a happy and prosperous people ? Still 
one thing morcfellow^^citizens — a wise and frugal govern- 
ment, which shall restrain men from injuring one another, 
shall leave them otherwise free to regulate their own pur- 
suits of industry and improvement, and shall not take from 
the mouth of labor the bread it has earned. This is the 
sum of good government, and this is necessary to close 
the circle of our felicities. 

About to enter, fellow-citizens, on the exercise of du» 
ties which comprehend every thing dear and valuable to 
you, it is proper that you should understand what I deem 
the essential principles of our government, and conse- 
quently those which ought to shape its administration. I 
will compress them within the narrowest compass they 
will bear, stating the general principles, but not all its 
limitations. Equal and exact justice to all men, of what- 
ever state or persuasion, religious or political ; peace, com- 
merce, and honest friendship with all nations, entangling 
alliances with none ; the support of the state govern- 
ments in all their rights, as the mos^ competent adminis- 
trations forour domestic concerns, and the surest bulwarks 
against anti-republican tendencies; the preservation of 
the general government in its whole constitutional vigor, 
as the sheet anchor of our peace at home and safety 
abroad; a jealous care of the right of election by the 
people; a mild and safe corrective of abuses, which are 
'opped by the sword of revolution, where peaceable re 
f\tedies are unprovided; absolute acquiescence in the de- 
5 



50 THE TRUE RIU'UBLICAN. 

cisions of the majority, the vital principle of lepublics, 
from which is no appeal but to force, the vital principle 
and immediate parent of despotism ; a well-disciplined 
militia, our best reliance in peace, and for the first mo- 
ments of war, till regulars may relieve them ; the suprem- 
acy of the civil over the military authority ; economy in 
the public expense, that labor may be lightly burdened ; 
the honest payment of our debts, and sacred preservation 
of the public faith ; encouragement of agriculture, and of 
commerce as its handmaid ; the diffusion of information, 
and arraignment of all abuses at the bar of public reason ; 
freedom of religion ; freedom of the press ; and freedom 
of person, under the protection of the habeas corpus ; 
and trial by juries impartially selected. These principles 
form the bright constellation which has gone before us, 
and guided our steps through an age of revolution and 
reformation. The wisdom of our sages and blood of our 
heroes have been devoted to their attainment: they should 
be the creed of our political faith ; the text of civil in- 
struction; the touchstone by which to try the services of 
those we trust ; and should we wander from them in mo- 
ments of error or alarm, let us hasten to retrace our steps, 
and to regain the road which alone leads to peace, liber- 
ty, and safety. 

I repair, then, fellow-citizens, to the post you have 
assigned me. With experience enough in subordinate of- 
fices to have seen the difficulties of this, the greatest of 
all, I have learnt to expect that it will rarely fall to the 
lot of imperfect man to retire from this station with the 
reputation and the favor which bring him into it. With- 
out pretensions to that high confidence you reposed in 
our first and great revolutionary character, Avhose pre- 
eminent services had entitled him to the first place in his 
country's love, and destined for him the fairest page in 
the volume of faithful history, I ask so much confidence 
only as may give firmness and effect to the legal admin- 
istration of your aflairs. I shall often go wrong through 
det^ect of judgment. When right, I shall often be thought 
wrong by those whose positions will not command a view 
of the whole ground. I ask your indulgence for my own 
errors, which will never be intentional; and your sup 



J L r PERSON S lx\ AUGURAL ADDRESS. 51 

port against the errors of others, who may condem what 
they would not, if seen in all its parts. The approbation 
implied by your suffrage is a consolation to me for the 
past ; and my future solicitude will be, to retain the good 
opmion of those who have bestowed it in advance, to 
conciliate that of others by doing them all the good in my 
power, and to be instrumental to the happiness and free- 
dom of all. 

Relying, then, on the patronage of your good will, I 
advance with obedience to the work, ready to retire from 
n wheneveryou become sensible howmuchbetterchoices 
It IS in your power to make. And may that infinite Pow- 
er which rules the destinies of the universe, lead our 
councils to what is best, and give them a favorable issue 
for your peace and prosperity. 



December 8, 1801. 
Sir: The circumstances under which we find our- 
selves at this place rendering inconvenient the mode 
heretofore practised, of making by personal address the 
first communication between the legislative and executive 
branches, I have ad6pted that by message, as used on all 
subsequent occasions through the session. In doing this, 
I have had principal regard to the inconvenience of the 
legislature, to the economy of their time, to their relief 
from the embarrassment of immediate answers on subjects 
not yet fully before them, and to the benefits thence result- 
mg to the public aflairs. Trusting that a procedure found- 
ed in these motives will meet their approbation, I beg 
leave, through you, sir, to communicate the enclosed 
message, with the documents accompanying it, to the 
honorable the Senate, and pray you to accept, for your- 
self and them, the homage of my high respect and con- 
sideration 

,^, ^^ , THOMAS JEFFERSON. 

The Hon. the 

President of the Sknate. 



52 THE TRUE REPUBLICAN 

JEFFERSON'S FIRST ANNUAL MESSAGE, 

December 8, 1801. 

Fellow-citizens of the Senate, 

and House of Representatives : 

It is a circumstance of sincere gratification to me that, 
on meeting the great council of our nation, I am able to 
announce to them, on grounds of reasonable certainty, 
that the wars and troubles which have for so many years 
afflicted our sister-nations, have at length come to an end, 
and that the communications of peace and commerce are 
once more opening among them. Whilst we devoutly re- 
turn thanks to the beneficent Being who has been pleased 
to breathe into them the spirit of conciliation and forgive- 
ness, we are bound, with peculiar gratitude, to be thank- 
ful to him that our own peace has been preserved through 
so perilous a season, and ourselves permitted quietly to 
cultivate the earth, and to practise and improve those arts 
which tend to increase our comforts. The assurances in- 
deed, of friendly disposition, received from all the powers 
with whom we have principal relations, had inspired a 
confidence that our peace with them would not have been 
disturbed. But a cessation of irregularities which had af- 
fected the commerce of neutral nations, and of the irrita- 
tions and injuries produced by them, cannot but add to 
this confidence, and strengthens, at the same time, the 
hope that wrongs committed on unoffending friends, un- 
der a pressure of circumstances, will now be reviewed 
with candor, and will be considered as founding just 
claims of retribution for the past, and new assurances for 
the future. 

Among our Indian neighbors, also, a spirit of peace and 
friendship generally prevails; and I am happy to inform 
you that the continued efforts to introduce among them 
the implements and the practice of husbandry and of the 
•household arts, have not been without success ; that they 
are becoming more and more sensible of the superiority 
of this dependence for clothing and subsistence, over the 
precarious resources of hunting and fishing; and already 



Jefferson's first annual message. 53 

we are able to announce that, instead of that constant di- 
minution of their numbers, produced by their wars and 
heir wants, some of them begin to experience an increase 
of population. 

To this state of general peace with which we have 
been blessed, one only exception exists. Tripoli, the least 
considerable of the Barbary states, had come forward with 
demands unfounded either in right or in compact, and had 
permitted itself to denounce war, on our failure to comply 
before a given day. The style of the demand admitted 
but one answer. I sent a small squadron of frigates into 
the Mediterranean, with assurances to that power of our 
sincere desire to remain in peace; but with orders to 
protect our commerce against the threatened attack. The 
measure was seasonable and salutary. The Bey had al' 
ready declared war. His cruisers were out. Two had 
arrived at Gibralter. Our commerce in the Mediterranean 
was blockaded, and that of the Adantic in peril. The 
arrival of our squadron dispelled the danger. One of the 
Tripolitan cruisers, having fallen in with and engaged 
the small schooner Enterprise, commanded by Lieutenant 
Sterret, which had gone as a tender to our larger vessels, 
was captured after a heavy slaughter of her men, without 
the loss of a single one on our part. The bravery exhi- 
bited by our citizens on that element will, I trust, be a 
testimony to the world that it is not the want of that vir- 
tue which makes us seek their peace, but a conscientious 
desire to direct the energies of our nation to the multipli- 
cation of the human race, and not to its destruction. Un- 
authorized by the constitution, without the sanction of 
Congress, to go beyond the line of defence, the vessel, 
being disabled from committing further hostilities, was 
liberated with its crew. The legislature will doubtless 
consider whether, by authorizing measures of offence 
also, they will place our force on an equal footing with 
that of its adversaries. I communicate all material infor- 
mation on this subject, that in the exercise of this impor- 
tant function confided by the constitution to the legisla- 
ture exclusively, their judgment may form itself on a 
knowledge and consideration of every circumstance of 
weiglit. 

5* 



54 THE TRUE REPUBLICAN. 

I wish I could say that our situation with d» 't ^bt 
Barbary states was entirely satisfactory. Di«cot/ting 
that some delays had taken place in the performance of 
certain articles stipulated by us, I thought it my duty, by 
immediate measures for fulfilling them, to vindicate to 
ourselves the right of considering the effect of departure 
from stipulation on their side. From the papers which 
will be laid before you, you willbe enabled to judge whe- 
ther our treaties are regarded by them as fixing at all the 
measure of their demands, or as guarding from the cxei 
cise of force our vessels within their power; and to con- 
sider how far it will be safe and expedient to leave oar af- 
fairs with them in their present posture. 

I lay before you the result of the census lately taken 
of our inhabitants, to a conformity with which we are 
now to reduce the ensuing ratio of representation and 
taxation. You will perceive that the increase of num- 
bers, during the last ten years, proceeding in geometrical 
ratio, promises a duplication in little more than twenty- 
two years. We contemplate this rapid growth, and the 
prospect it holds up to us, not with a view to the injuries 
it may enable us to do to others in some future day, but 
to the settlement of the extensive country still remaining 
vacant within our limits, to the multiplication of men sus- 
ceptible of happiness, educated in the love of order, ha* 
bituated to self-government, and valuing its blessings 
above all price. 

Other circumstances, combined with the increase ol 
numbers, have produced an augmentation of revemif 
arising from consumption, in a ratio far beyond that ol 
population alone; and, though the changes of foreign 
relations now taking place, so desirable for the world, 
may for a season affect this branch of revenue, yet, weigh- 
ing all probabilities of expense, as w^ell as of income, 
there is reasonable ground of confidence that we may 
now safely dispense with all the internal taxes — compre- 
hending excise, stamps, auctions, licenses, carriages, and 
refined sugars ; to which the postage on newspapers may 
be added, to facilitate the progress of information ; and 
that the remaining sources of revenue will be sufficient 
to provide for the support of government, to pay the inte- 



Jefferson's first annual message. 55 

rest of the public debts, and to discharge the principals 
within shorter periods than the laws of the general expec- 
tation had contemplated. War, indeed, and untoward 
events, may change this prospect of things, and call for 
expenses which the imposts could not meet. But sound 
principles will not justify our taxing the industry of our 
fellow-citizens to accumulate treasure for wars to happen 
we know not when, and which might not perhaps happen, 
but from the temptations offered by that treasure. 

These views, however, of reducing our burdens, are 
formed on the expectation that a sensible, and, at the 
same time, a salutary reduction may take place in our ha 
bitual expenditures. For this purpose, those of the civil 
government, the army, and navy, will need revisal. 
When we consider that this government is charged with 
the external and mutual relations only of these states; 
that the states themselves have principal care of our per- 
sons, our property, and our reputation, constituting the 
great field of human concerns, we may well doubt whe- 
ther our organization is not too complicated, too expen- 
sive; whether offices and officers have not been multiplied 
unnecessarily, and sometimes injuriously to the service 
they were meant to promote. I will cause to be laid 
before you, an essay towards a statement of those who, 
under public employm,ent of various kinds, draw money 
from the treasury, or from our citizens. Time has not 
permitted a perfect enumeratioUj the ramifications of of- 
fice being too multiplied and remote to be completely 
traced in a first trial. Among those who are dependent 
on executive discretion, I have begun the reduction of 
what was deemed necessary. The expenses of diplomatic 
agency have been considerably diminished. The inspec- 
tors of internal revenue, who were found to obstruct the 
accountability of the institution, have been discontinued. 
Several agencies, created by executive authority, on sala- 
ries fixed by that also, have been suppressed, and should 
suggest the expediency of regulating that power by law, 
so as to subject its exercises to legislative inspection and 
sanction. Other reformations of the same kind will be 
pursued with that caution which is requisite, in removing 
useless things, not to injure what is retained. But the 



66 THE TRUE REPUBLICAN. 

great mass of public offices is established by law, and 
therefore by law alone can be abolished. Should the le- 
gislature think it expedient to pass this roll in review, and 
try all its parts by the test of public utility, they may be 
assured of every aid and light which executive informa- 
tion can yield. Considering the general tendency to mul- 
tiply offices and dependencies, and to increase expense to 
the ultimate term of burden which the citizen can bear, it 
behoves us to avail ourselves of every occasion which pre- 
sents itself for taking off the surcharge ; that it never may 
be seen here that, after leaving to labor the smallest por- 
tion of its earnings on which it can subsist, government 
shall itself consume the whole residue of what it was in- 
stituted to guard. 

In our care, too, of the public contributions intrusted 
to our direction, it would be prudent to multiply barriers 
against their dissipation, by appropriating specific sums to 
every specific purpose susceptible of definition ; by dis- 
allowing all applications of money varying from the ap- 
propriation in object, or transcending it in amount; by re- 
ducing the undefined field of contingencies, and thereby 
circumscribing discretionary powers over money ; and 
by bringing back to a single department all accountabili- 
ties for money, where the examinations may be prompt, 
efficacious, and uniform. 

An account of the receipts and expenditures of the last 
year, as prepared by the Secretary of the Treasury, will, 
as usual, be laid before you. The success which has at- 
tended the late sales of the public lands shows that, with 
attention, they may be made an important source of re- 
ceipt. Among the payments, those made in discharge of 
the principal and interest of the national debt, will show 
that the public faith has been exactly maintained. To 
these will be added an estimate of appropriations neces- 
sary for the ensuing year. This last will, of course, be 
effected by such modifications of the system of expense 
as you shall think proper to adopt. 

A statement has been formed by the Secretary of War, 
on mature consideration, of all the posts and stations 
where garrisons will be expedient, and of the number of 
men requisite for each garrison. The whole amount is 



Jefferson's first annual message. 57 

considerably short of the present military establishment. 
For the surplus no particular use can be pointed out. 
For defence against invasion their number is as nothing; 
nor is it conceived needful or safe that a standing army 
should be kept up in time of peace for that purpose. 
Uncertain as we must ever be of the particular point in 
our circumference where an enemy may choose to invade 
as, the only force which can be ready at every point, and 
competent to oppose them, is the body of neighboring 
citizens as formed into a militia. On these, collected 
from the parts most convenient, in numbers proportioned 
to the invading foe, it is best to rely, not only to meet the 
first attack, but, if it threatens to be permanent, to main- 
tain the defence until regulars may be engaged to relieve 
them. These considerations render it important that we 
should, at every session, continue to amend the defects 
which from time to time show themselves in the laws for 
regulating the militia, until they are sufficiently perfect; 
Qor should we now or at any time separate until we can 
say we have done every thing for the militia which we 
could do were an enemy at our door. 

The provision of military stores on hand will be laid 
before you, that you may judge of the additions still re- 
quisite. 

With respect to the extent to which our naval prepara- 
tions should be carried, some difference of opinion may 
be expected to appear; but just attention to the circum- 
stances of every part of the Union will doubtless recon- 
cile all. A small force will probably continue to be want- 
ed for actual service in the Mediterranean. Whatever an- 
nual sum beyond that you may think proper to appro 
priate for naval preparations, would perhaps be better 
employed in providing those articles which may be kept 
without waste or consumption, and be in readiness when 
any exigency calls them into use. Progress has been 
made, as will appear by papers now communicated, in 
providing materials for seventy-four gun ships as directed 
by law. 

How far the authority given by the legislature for pro- 
curing and establishing sites for naval purposes has been 
perfectly understood and pursued in the execution, admits 



P8 THE TRUE REPUBLICAN. 

of some doubt. A statement of the expenses already in- 
curred on that subject is now laid before you. I have, in 
certain cases, suspended or slackened these expenditures, 
that the legislature might determine whether so many 
yards are necessary as have been contemplated. The 
works at this place are among those permitted to go on; 
and five of the seven frigates directed to be laid up, have 
been brought and laid up here, where, besides the safety 
of their position, they are under the eye of the executive 
administration, as well as of its agents, and where your- 
selves also will be guided by your own view in the legis- 
lative provisions respecting them which may from time to 
time be necessary. They are preserved in such condi- 
tion, as well the vessels as whatever belongs to them, as 
to be at all times ready for sea on a short warning. Two 
others are yet to be laid up so soon as they shall have re- 
ceived the repairs requisite to put them also into sound 
condition. As a superintending officer will be necessary 
at each yard, his duties and emoluments, hitherto fixed by 
the executive, will be a more proper subject for legisla- 
tion. A communication will also be made of our pro- 
gress in the execution of the law respecting the vessels 
directed to be sold. 

The fortifications of our harbors, more or less ad- 
vanced, present considerations of great difficulty. While 
some of them are on a scale sufficiently proportioned to 
the advantages of their position, to the efficacy of their 
protection, and the importance of the points within it, 
others are so extensive, will cost so much in their first 
erection, so much in their maintenance, and require such 
a force to garrison them, as to make it questionable what 
is best now to be done. A statement of those commenced 
or projected, of the expenses already incurred, and esti- 
mates of their future cost, so far as can be foreseen, shall 
be laid before you, that you may be enabled to judge 
whether any attention is necessary in the laws respecting 
this subject. 

Agriculture, manufactures, commerce, and navigation, 
the four pillars of our prosperity, are then most tliriving 
when left most free to individual enterprise. Protection 
from casual embarrassments, however, may sometimes be 



JEFFEIISOiN's first ANx\UAL 3IESSAGE. 59 

seasonably interposed. If, in the course of your observa- 
tions or inquiries, they should appear to need any aid 
within the limits of our constitutional powers, your sense 
of their importance is a sufficient assurance they will oc- 
cupy your attention. We cannot, indeed, but all feel an 
anxious solicitude for the difficulties under which our car- 
rying trade will soon be placed. How far it can be re- 
lieved, otherwise than by time, is a subject of important 
consideration. 

The judiciary system of the United States, and espe- 
cially that portion of it recently erected, will of course 
present itself to the contemplation of Congress ; and that 
they may be able to judge of the proportion which the 
institution bears to the business it has to perform, I have 
caused to be procured from the several states, and now 
lay before Congress, an exact statement of all the causes 
decided since the first establishment of the courts, and of 
those which were depending when additional courts and 
judges were brought in to their aid. 

And while on the judiciary organization, it will be 
worthy your consideration, whether the protection of the 
inestimable institution of juries has been extended to all 
the cases involving the security of our persons and pro- 
perty. Their impartial selection also being essential to 
their value, we ought further to consider whether that is 
sufficiently secured in those states where they are named 
by a marshal depending on executive will, or designated 
by the court, or by officers dependent on them. 

I cannot omit recommending a revisal of the laws on 
the subject of naturalization. Considering the ordinary 
chances of human life, a denial of citizenship under a 
residence of fourteen years, is a denial to a great propor- 
tion of those who ask it ; and controls a policy pursued, 
from their first settlement, by many of these states, and 
still believed of consequence to their prosperity. And 
shall we refuse the unhappy fugitives from distress that 
hospitality which the savages of the wilderness extended 
to our fathers arriving in this land ? Shall oppressed hu- 
manity find no asylum on this globe? The constitution, 
indeed, has wisely provided that, for admission to certain 
offices of important trust, a residence shall be required 



60 THE TRUE REPUBLICAN. 

sufficient to develope character and design. But might 
not the general character and capabilities of a citizen be 
safely communicated to every one manifesting a bona fide 
purpose of embarking his life and fortunes permanently 
with us ? with restrictions, perhaps, to guard against frau- 
dulent usurpation of our flag ; an abuse which brings so 
much embarrassment and loss on the genuine citizen, and 
so much danger to the nation of being involved in war, 
that no endeavor should be spared to detect and suppress 
it. 

These, fellow-citizens, are the matters respecting the 
state of the nation which I have thought of importance 
to be submitted to your consideration at this time. Some 
others of less moment, or not yet ready for communica- 
tion, will be the subject of separate messages. I am hap- 
py in this opportunity of committing the arduous affairs 
of our government to the collected wisdom of the Union. 
Nothing shall be wanting on my part to inform, as far as 
in my power, the legislative judgment, nor to carry that 
judgment into faithful execution. The prudence and 
temperance of your discussions will promote, within your 
own walls, that conciliation which so much befriends 
rational conclusion ; and by its example will encourage 
among our constituents that progress of opinion which is 
tending to unite them in object and will. That all should 
be satisfied with any one order of things is not to be ex- 
pected ; but I indulge the pleasing persuasion that the 
great body of our citizens will cordially concur in honest 
and disinterested efforts, which have for their object to 
preserve the general and state governments in their con- 
stitutional form and equilibrium ; to maintain peace 
abroad, and order and obedience to tlie laws at home ; to 
establish principles and practices of administration favor- 
able to the security of liberty and property, and to reduce 
expenses to what is necessary for the useful purposes of 
government. 




Jj. 'll^l/^^Qt^^lDP^I,:. 



/ 



^^>^V«-t, Z/^ c<^^^^ /^^ 



Madison's inaugural address. 61 

MADISON'S INAUGURAL ADDRESS, 

March 4, 1809. 

Unwilling to depart from examples of the most revered 
authority, I avail myself of the occasion now presented, 
to express the profound impression made on me by the 
call of my country to the station, to the duties of which I 
am about to pledge myself by the most solemn of sanc- 
tions. So distinguished a mark of confidence, proceed- 
ing from the deliberate and tranquil suffrage of a free and 
virtuous nation, would, under any circumstances, have 
commanded my gratitude and devotion, as well as filled 
me with an awful sense of the trust to be assumed. Un- 
der the various circumstances which give peculiar solem- 
nity to the existing period, I feel that both the honor and 
the responsibility allotted to me are inexpressibly en- 
hanced. 

The present situation of the world is indeed without a 
parallel ; and that of our own country full of difficulties. 
The pressure of these too is the more severely felt, be- 
cause they have fallen upon us at a moment when the na- 
tional prosperity being at a height not before attained, 
the contrast resulting from the chano;e has been rendered 
the more strikinof. Under the benicrn influence of our 
republican institutions, and the maintenance of peace 
with all nations, whilst so many of them were engaged in 
bloody and wasteful wars, the fiuits of a just policy were 
enjoyed in an unrivalled growth of our faculties and re- 
sources. Proofs of this were seen in the improvements 
of agriculture ; in the successful enterprises of commerce , 
in the progress of manufactures and useful arts ; in the 
increase of the public revenue, and the use made of it in 
reducing the public debt ;' and in the valuable works and 
establishments every where multiplying over the face of 
our land. 

It is a precious reflection that the transition from this 
prosperous condition of our country,* to the scene which 
has for some time been distressing us, is not chargeable 
on any unwarrantable views, nor, as I trust, onanyinvoV 



G2 THE TRUE REPUBLICAN. 

untaiy errors in the public councils. Indulging no pas- 
sions which tresspass on the rights or repose of other na 
tions, it has been the true glory of the United States to 
cultivate peace by observing justice ; and to entitle them- 
selves to the respect of the nations at war, by fulfilling 
their neutral obligations with the most scrupulous impar- 
tiality. If there be candor in the world, the truth of 
these assertions will notbe questioned; posterity, at least, 
will do justice to them. 

This unexceptionable course could not avail against the 
injustice and violence of the belligerent powers. In their 
rage against each other, or impelled by more direct 
motives, principles of retaliation have been introduced, 
equally contrary to universal reason and acknowledged 
law. How long their arbitrary edicts will be continued, 
in spite of the demonstrations that not even a pretext for 
them has been given by the United States, and of the fair 
and liberal attempt to induce a revocation of them, can- 
not be anticipated. Assuring myself that, under every 
vicissitude, the determined spirit and united councils of 
the nation will be safeguards to its honor and its essential 
interests, I repair to the post assigned me with no other 
discouragement than what springs from my own inade- 
quacy to its high duties. If I do not sink under the 
weight of this deep conviction, it is because I find some 
support in a consciousness of the purposes, and a confi- 
dence in the principles, which I bring with me into this 
arduous service. 

To cherish peace and friendly intercourse ^vith all na- 
tions having corresponding dispositions ; to maintain sin- 
cere neutrality towards belligerent nations; to prefer in 
all cases amicable discussion and reasonable accommoda- 
tion of differences to a decision of them by an appeal to 
arms ; to exclude foreign intrigues and foreign partiali- 
ties, so degrading to all countries, and so baneful to free 
ones; to foster a spirit of independence, too just to in- 
vade the rights of others, too proud to surrender our own, 
too liberal to indulge unworthy prejudices ourselves, and 
too elevated not to look down upon them in others; to 
hold the union of the states as the basis of their peace 
and happiness; to support the constitution, v/hich is the 



MADISON S INAUGURAL ADDRESS. 63 

cem(=!nt of the Union, as well in its limitations as in its 
authorities ; to respect the rights and authorities reservea 
to the states and to the people, as equally incorporated 
with, and essential to the success of, the general system; 
to avoid the slightest interference with the rights of con- 
science or the functions of religion, so wisely exempted 
from civil jurisdiction ; to preserve in their full energy, 
the other salutary provisions in behalf of private and per- 
sonal rights, and of the freedom of the press; to observe 
economy in public expenditures ; to liberate the public 
resources by an honorable discharge of the public debts ; 
to keep within the requisite limits a standing military 
force, always remembering that an armed and trained 
militia is the firmest bulwark of republics — that without 
standing armies their liberty can never be in danger, nor 
with large ones safe; to promote, by authorized means, 
improvements friendly to agriculture, to manufactures, 
and to external as well as internal commerce ; to favor, in 
like manner, the advancement of science and the diffu- 
sion of information as the best aliment to true liberty ; to 
carry on the benevolent plans which have been so merito- 
riously applied to the conversion of our aboriginal neigh- 
bors from the degradation and wretchedness of savage 
life, to a participation of the improvements of which the 
human mind and manners are susceptible in a civilized 
state : as far as sentiments and intentions such as these 
can aid the fulfilment of my duty, they will be a resource 
which cannot fail me. 

It is my good fortune, moreover, to have the path in 
which I am to tread, lighted by examples of illustrious^ 
services, successfully rendered in the most trying difficul- 
ties, by those who have marched before me. Of those 
of my immediate predecessor it might least become me 
here to speak. I may, however, be pardoned for not sup- 
pressing the sympathy with which my heart is full, in the 
rich reward he enjoys in the benedictions of a beloved 
country, gratefully bestowed for exalted talents, zealously 
devoted, through a long career, to the advancement of its 
highest interest and happiness. 

But the source to which I look for the aids which alone 
can supply my deficiencies, is in the well-tried intelligence 



64 THE TRUE REPUBLICAiJ. 

and virtue ot my fellow-citizens, and in the counsels ot 
those representing them in the best other departments 
associated in the care of the national interests. In these 
my confidence will under every difficulty be placed, next 
to that in which we have all been encouraged to feel in 
tl)e guardianship and guidance of that Almighty Being 
whose power regulates the destiny of nations, whose bless 
ings have been so conspicuously dispensed to this rising 
republic, and to whom we are bound to address our de 
vout gratitude for the past, as well as our fervent suppli 
cations and best hopes for the future. 



MADISON'S FIRST ANNUAL MESSAGE, 
November 29, 1809. 

Fellow-citizens of the Senate^ 

and House of Representatives: 

At the period of our last meeting, I had the satisfac- 
tion of communicating an adjustment with one of the 
principal belligerent nations, highly important in itself, 
and still more so, as presaging a more extended accom- 
modation. It is with deep coiicern I am now to inform 
you, that the favorable prospect has been overclouded by 
a refusal of the British government to abide by the act of 
its minister plenipotentiary, and by its ensuing policy to- 
wards the United States, as seen through the communica- 
tions of the minister sent to replace him. 

Whatever pleas may be urged for a disavowal of en- 
gagements formed by diplomatic functionaries, in cases 
where, by the terms of the engagements, a mutual ratifi- 
cation is reserved ; or where notice at the time may have 
been given of a departure from instructions ; or in extra- 
ordinary cases, essentially violating the principles of equi- 
ty: a disavowal could not have been apprehended in a 
<»,ase where no such notice or violation existed; where 
no such ratification was reserved ; and, more especially, 



Madison's inaugural address. 65 

where, as is now in proof, an engagement, to be executed 
without any such ratification, was contemplated by the 
instructions given, and where it had, with good faith, been 
carried into immediate execution on the part of the Uni- 
ted States. 

These considerations not having restrained the British 
government from disavowing the arrangement, by virtue 
of which its orders in council were to be revoked, and 
the event authorizing the renewal of commercial inter- 
(jourse having thus not taken place, it necessarily became 
a question of equal urgency and importance, whether the 
act prohibiting that intercourse was not to be considered 
as remaining in legal force. This question being, after 
due deliberation, determined in the affirmative, a procla- 
mation to that effect was issued. It could not but hap- 
pen, however, that a return to this state of things, from 
that which had followed an execution of the arrangement 
by the United States, would involve difficulties. With a 
view to diminish these as much as possible, the instruc- 
tions from the Secretary of the Treasury, now laid before 
you, were transmitted to the collectors of the several 
ports. If, in permitting British vessels to depart without 
giving bonds not to proceed to their own ports, it should 
appear that the tenor of legal authority has not been 
strictly pursued, it is to be ascribed to the anxious desire 
which was felt that no individuals should be injured by so 
unforeseen an occurrence : and I rely on the regard of 
Congress for the equitable itnerests of our own citizens, 
to adopt whatever further provisions may be found requi- 
site for a general remission of penalties involuntarily in- 
curred. 

The recall of the disavowed minister having been fol- 
lowed by the appointment of a successor, hopes were 
indulged that the new mission would contribute to allevi- 
ate the disappointment which had been produced, and to 
remove the causes which had so long embarrassed the 
good understanding of the two nations. It could not be 
doubted, that it would at least be charged with concilia- 
tory explanations of the steps which had been taken, and 
with proposals to be substituted for the rejected arrange 
ment. Reasonable and universal as this expectation was, 
C* 



66 THE TRUE REPUBLICAN. 

it also has not been fulfilled. From the first oflicial dis- 
closures of the new minister, it was found that he had re- 
ceived no authority to enter into explanations relative to 
either branch of the arrangement disavowed, nor any au- 
thority to substitute proposals, as to that branch whicti 
concerned the British orders in council. And finally, 
that his proposals with respect to the other branch, the 
attack on the frigate Chesapeake, were founded on a pre- 
sumption, repeatedly declared to be inadmissible by the 
United States, that the first step towards adjustment was 
due from them ; the proposals, at the same time, omitting 
even a reference to the officer answerable for the murder- 
ous aggression, and asserting a claim not less contrary to 
the British laws and British practice, than to the princi- 
ples and obligations of the United States. 

The correspondence between the Department of State 
and this minister will show how unessentially the features 
presented in its commencement have been varied in its 
progress. It will show, also, that, forgetting the respect 
due to all governments, he did not refrain from imputa- 
tions on this, which required that no further communica- 
tions should be received from him. The necessity of this 
step will be made known to his Britannic majesty, through 
the minister plenipotentiary of the United States in Lon- 
don. And it would indicate a want of the confidence 
due to a government which so well understands and ex- 
acts what becomes foreign ministers near it, not (o infer 
that the misconduct of its own representative will be 
viewed in the same light in which it has been regarded 
here. The British government will learn, at the same 
time, that a ready attention will be given to communica- 
tions, through any channel which may be substituted. 
It will be happy, if the change in this respect should be 
accompanied by a favorable revision of the unfriendly 
policy which has oeen so long pursued towards the Uni- 
ted States. 

AVith France, the otlier belligerent, whose trespasses 
on our commercial rights have long been the subject of 
our just remonstrances, the posture of our relations does 
not correspond with the measures taken on the part of 
the United States to efll'ect a favorable change. The re- 



67 

suit of the several communications made to her govern- 
ment, in pursuance of the authorities vested by Congress 
in the executive, is contained in the correspondence of 
our minister at Paris now laid before you. 

By some of the other belligerents, although professing 
just and amicable dispositions, injuries materially aflect- 
ing our commerce have not been duly controlled or re- 
pressed. In these cases, the interpositions deemed proper 
on our part have not been omitted. But it well deserves 
the consideration of the legislature, how far both the safe- 
ty and honor of the American flag may be consulted, by 
adequate provision against that co'lusive prostitution of 
it by individuals, unworthy of the A nerican name, which 
has so much favored the real or pretended suspicions, un- 
der which the honest commerce of their fellow-citizens 
has sufl'ered. 

In relation to the powers on the coast of Barbary, no- 
thing has occurred which is not of a nature rather to in- 
spire confidence than distrust, as to the continuance of 
the existing amity. With our Indian neighbors, the just 
and benevolent system continued towards them, has alsc 
preserved peace, and is more and more advancing habits 
favorable to their civilization and happiness. 

From a statement which will be made by the Secretary 
of War, it will be seen that the fortifications on our mari- 
time frontier are in many of the ports completed, affording 
the defence which was contemplated; and that a further 
time will be required to render complete the works in the 
harbor of New York, and in some other places. By the 
enlargement of the works, and theemploymentof a great- 
er number of hands at the public armories, the supply of 
small arms, of an improving quality, appears to be annu- 
ally increasing at a rate that, with those made on private 
contract, may be expected to go far towards providing for 
the public exigency. 

The act of Congress providing for the equipment of 
our vessels of war having been fully carried into execu- 
tion, I refer to the statement of the Secretary of the 
Navy for the information which may be proper on that 
subject. To that statement is added a view of the trans- 
fers of appropriations, authorized by the act of the ses- 



68 THE TRUE REPUBLICAN. 

sion preceding the last, and of the grounds on which the 
transfers were made. 

Whatever may be the course of your deliberations on 
the subject of our military establishments, I should fail 
in my duty in not recommending to your serious atten- 
tion the importance of giving to our militia, the great 
bulwark of our security and resource of our power, an 
organization the best adapted to eventual situations, for 
which the United States ought to be prepared. 

The sums which had been previously accumulated in 
the treasury, together with the receipts during the year 
ending on the 30th of Septembar last, (and amounting to 
more than nine millions of dollars,) have enabled us to 
fulfil all our engagements, and to defray the current ex- 
penses of government, without recurring to any loan. But 
the insecurity of our commerce, and the consequent dimi- 
nution of the public revenue, will probably produce a de- 
ficiency in the receipts of the ensuing year, for which, and 
for other details, I refer to the statements which will be 
transmitted from the treasury. 

In the state which has been presented of our affairs 
with the great parties to a disastrous and protracted war, 
carried on in a mode equally injurious and unjust to the 
United States as a neutral nation, the wisdom of the na- 
tional legislature will be again summoned to the impor- 
tant decision on the alternatives before them. That these 
will be met in a spirit worthy the councils of a nation 
conscious both of its rectitude and of its rights, and 
careful as well of its honor, as of its peace, I have an en- 
tire confidence. And that the result will be stamped by a 
unanimity becoming the occasion, and be supported by 
every portion of our citizens, with a patriotism enlight- 
ened and invigorated by experience, ought as little to be 
doubted. 

In the midst of the wrongs and vexations experienced 
from external causes, there is much room for congratula 
tion on the prosperity and happiness flowing from our sit- 
uation at home. The blessing of health has never bean 
more universal. The fruits of the seasons, though in 
particular articles and districts short of their usual redun- 
dancy, are more than sufficient for our wants and our com- 







"^1 -r^ 




m m m u (© [i.< 



7^^ y y /'/^ ^-^^^ 



/^ 



Monroe's inaugural address. 69 

forts. The face of our country every where presents the 
evidence of laudable enterprise, of extensive capital, and 
of durable improvement. In the cultivation of the mate- 
rials, and the extension of useful manufactures, more es- 
pecially in the general application to household fabrics, we 
behold a rapid diminution of our dependence on foreign 
supplies. Nor is it unworthy of reflection, that this re 
volution in our pursuits and habits is in no slight degree 
a consequence of those impolitic and arbitrary edicts, by 
which the contending nations, in endeavoring each of 
them to obstruct our trade with the other, have so far 
abridged our means of procuring the productions and 
manufactures, of which our own are now taking the place. 
Recollecting always, that, for every advantage which 
may contribute to distinguish our lot from that to which 
others are doomed by the unhappy spirit of the times, we 
are indebted to that Divine Providence whose goodness 
has been so remarkably extended to this rising nation, it 
becomes us to cherish a devout gratitude, and to implore 
from the same Omnipotent Source a blessing on the con- 
sultations and measures about to be undertaken for the 
welfare of our beloved country. 



MONROE'S INAUGURAL ADDRESS, 

March 5, 1817. 

I SHOULD be destitute of feeling if I was not deeply af- 
fected by the strong proof which my fellow-citizens have 
given me of their confidence, in calling me to the high 
office, whose functions I am about to assume. As the 
expression of their good opinion of my conduct in the 
public service, I derive fr,om it a gratification, which those 
who are conscious of having done all that they could do 
to merit it, can alone feel. My sensibility is increased by 
a just estimate of the importance of the trust, and of the 
nature and extent of its duties ; with the proper discharge 
of which the highest interests of a great and free people 



70 THE TRUE REPUBLICAN. 

are intimately connected. Conscious ofmy own deficiency, 
I cannot enter on these duties without great anxiety for the 
result. From a just responsibility I will never shrink ; cal^ 
culating with confidence, that in my best elForts to promote 
the public welfare, my motives will always be duly appre- 
ciated, and my conduct be viewed with that candor and 
indulgence which I have experienced in other stations. 

In commencing the duties of the chief executive office, 
it has been the practice of the distinguished men who 
have gone before me, to explain the principles which would 
govern them in their respective administrations. In fol- 
lowing their venerated example, my attention is naturally 
dravvn to the great causes which have contributed, in a prin- 
cipal degree, to produce the present happy condition of 
the United States. They will best explain the nature of 
our duties, and shed much light on the policy which ought 
to be pursued in future. 

From the commencement of our revolution to the pre- 
sent day, almost forty years have elapsed, and from the 
establishment of this constitution, twenty-eight. Through 
this whole term, the government has been what may em- 
phatically be called, self-government; and what has been 
the effect? To whatever object we turn our attention, 
whether it relates to our foreign or domestic concerns, we 
find abundant cause to felicitate ourselves in the excellence 
of our institutions. -During a period fraught with difficul- 
ties, and marked by very extraordinary events, the United 
States have flourished beyond example. Their citizens, 
individually, have been happy, and the nation prosperous. 

Under this constitution our commerce has been wisely 
regulated with foreign nations, and between the states ; 
new states have been admitted into our Union ; our terri- 
tory has been enlarged by fair and honorable treaty, and 
with great advantage to the original states ; the states re- 
spectively protected by the national government, under a 
mild paternal system, against foreign dangers, and enjoy- 
ing within their separate spheres, by a wise partition of 
power, a just proportion of the sovereignty, have improv- 
ed their police, extended their settlements, and attained a 
strength and maturity which are the best proofs of whole- 
8ome laws well administered. A.nd if we look to the 



condition of individuals, what a proud spectacle does it 
exhibit ? On whom has oppression fallen in any quarter 
of our Union ? Who has been deprived of any right of 
person or property? Who restrained from offering his 
vows, in the mode which he prefers, to the Divine Author 
of his beinff? It is well k-nown that all these blessings 
have been enjoyed in their fullest extent; and I add, with 
peculiar satisfaction, that there has been no example of a 
capital punishment being inflicted on any one for the crime 
of high treason. 

Some who might admit the competency of our govern 
ment to these beneficent duties, might doubt it in trials 
which put to the test its strength and efficiency as a mem- 
ber of the great community of nations. Here, too, ex- 
perience has afforded us the most satisfactory proof in its 
favor. Just as this constitution was put into action, sev- 
eral of the principal states of Europe had become much 
agitated, and some of them seriously convulsed. Destruc- 
tive wars ensued, which have of late only been termina- 
ted. In the course of these conflicts, the United States 
received great injury from several of the parties. It was 
their interest to stand aloof from the contest, to demand 
justice fPom the party committing the injury, and to cul- 
tivate by a fair and honorable conduct, the friendship of 
all. War became at length inevitable, and the result has 
shown that our government is equal to that, the greatest 
of trials under the most unfavorable circumstances. Of 
the virtue of the people, and of the heroic exploits of the 
army, the navy, and the militia, I need not speak. 

Such, then, is the happy government under which we 
live ; a government adequate to every purpose for which 
the social compact is formed ; a government elective in 
all its branches, under which every citizen may, by his 
merit, obtain the highest trust recognized by the con- 
stitution ; which contains within it no cause of discord ; 
none to put at variance one portion of the community 
with another ; a government which protects every citizen 
in the full enjoyment of his rights, and is able to protect 
the nation against injustice from foreign powers. 

Other considerations of the highest importance admo- 
nish us to cherish our union, and to cling to the govern- 



72 THE TRUE REPUBLICAN. 

• 

ment which supports it. Fortunate as we are in our po 
litical institutions, we have not been less so in other cir 
cumstances on which our prosperity and happiness essen 
tially depend. Situated within the temperate zone, and 
extending through many degrees of latitude along the 
Atlantic, the United States enjoy all the varieties of cli- 
mate, and every production incident to that portion of the 
globe. Penetrating, internally, to the great lakes, and be- 
yond the resources of the great rivers which communicate 
through our whole interior, no country was ever happier 
with respect to its domain. Blessed too with a fertile soil, 
our produce has always been very abundant, leaving even 
in years the least favorable, a surplus for the wants of 
our fellow-men in other countries. Such is our peculiar 
felicity, that there is not a part of our Union that is not 
particularly interested in preserving it. The great agri- 
cultural interest of our nation prospers under its protec- 
tion. Local interests are not less fostered by it. Our 
fellow-citizens of the north, engaged in navigation, find 
great encouragement in being made the favored carriers 
of the vast productions of the other portions of the Uni- 
ted States, while the inhabitants of these are amply re- 
compensed, in their turn, by the nursery for se#men and 
naval force, thus formed and reared up for the support of 
our common rights. Our manufacturers find a generous 
encouragement by the policy which patronizes domestic 
industry ; and the surplus of our produce, a steady and pro- 
fitable market by local wants in less favored parts at home. 

Such, then, being the highly favored condition of our 
country, it is the interest of every citizen to maintain it. 
What are the dangers which menace us? If any exist, 
they ought to be ascertained and guarded against. 

In explaining my sentiments on this subject, it may 
be asked, what raised us to the present happy state ? 
How did we accomplish the revolution ? How remedy 
the defects of the first instrument of our Union, by 
infusing into the national government sufficient power 
for national purposes, without ^impairing the just rights 
of the states, or affecting those of indiviiluals ? How 
sustain and pass with glory through the late war? The 
government has been in the hands of the people. To the 



monroe'.-5 inaugural address. 73 

people, therefore, and to the faithful and able depositaries 
of their trust, is the credit due. Had the people of the 
United States been educated in different principles, had 
they been lesp intelligent, less independent, or less virtu- 
ous, can it be believed that we should have maintained the 
same steady and consistent career, or been blessed with the 
same success ? While then the constituent body retains 
its present sound and healthful state, every thing will be 
safe. They will choose competent and faithful represen- 
tatives for every department. It is only when the people 
become ignorant and corrupt, when they degenerate into 
a populace, that they are incapable of exercising the sove- 
reignty. Usurpation is then an easy attainment, and an 
usurper soon found. The people themselves become the 
willing instruments of their own debasement and ruin. 
Let us then look to the great cause, and endeavor to pre- 
serve it in full force. Let us by all wise and constitu- 
tional measures, promote intelligence among the people, 
as the best means of preserving our liberties. 

Dangers from abroad are not less deserving of atten- 
tion. Experiencing the fortune of other nations, the 
United States may again be involved in war, and it may 
m that event be the object of the adverse party to over- 
set our government, to break our union, and demolish us 
as a nation. Our distance from Europe, and the just, 
moderate, and pacific policy of our government may form 
some security against these dangers, but they ought to be 
anticipated and guarded against. Many of our citizens 
are engaged in commerce and navigation, and all of them 
are in a certain degree dependent on their prosperous 
state. Many are engaged in the fisheries. These inte- 
rests are exposed to invasion in the wars between other 
powers, and we should disregard the faithful admonitions 
of experience if we did not expect it. We must support 
our rights, or lose our character, and with it, perhaps, our 
liberties. A people who fail to do it, can scarcely be 
said to hold a place among independent nations. National 
hon3r is national properly of the highest value. The 
sentiment in the mind of every citizen, is national strength 
It ought therefore to be cherislied. 

To secure us against these dangers, our coast and 
7 



•71 THE TRUE REFUBLICAN. 

inland frontiers should be fortified, our army and navy 
regulated upon just principles as to the force of each, be 
kept in perfect order, and our militia be placed on the 
best practicable footing. To put our extensive coast in 
such a state of defence as to secure our cities and inte- 
rior from invasion, will be attended with expense, but the 
work when finished will be permanent, and it is fair to 
presume that a single campaign of invasion, by a naval 
force, superior to our own, aided by a few thousand land 
troops, would expose us to a greater expense, without 
taking into the estimate the loss of property and distress 
of our citizens, than would be sufficient for this great 
work. Our land and naval forces should be moderate, 
but adequate to the necessary purposes. The former to 
garrison and preserve our fortifications, and to meet the 
first invasions of a foreign foe ; and while constituting 
the elements of a greater force, to preserve the science, 
as well as all the necessary implements of war, in a state 
to be brought into activity in the event of war. The lat- 
ter, retained within the limits proper in state of peace, 
might aid in maintaining the neutrality of the United 
States with dignity, in the wars of other powers, and in 
saving the property of their citizens from spoliation. la 
time of war, with the enlargement of which the great na« 
val resources of the country render it susceptible, and which 
should be duly fostered in time of peace, it would contri- 
bute essentially, both as an auxiliary of defence and as a 
powerful engine of annoyance, to diminish the calamities 
of war, and to bring the war to a speedy and honorable 
termination. 

But it ought always to be held prominently in view, 
that the safety of these states, and of every thing dear to 
a free people, must depend in an eminent degree on the 
militia. Invasions may be made too formidable to be re- 
sisted by any land and naval force, which it would com- 
port, either with the principles of our government, or the 
circumstances of the tJnited States to maintain. In such 
cases, recourse must be had to the great body of the peo- 
ple, and in a manner to produce the best efi'ect. It is of 
the highest importance, therefore, that they be so orga- 
nized and trained as to be prepared for any emergency 



Monroe's inaugural address. 75 

The p.rrang-ement should be such as to put at the com- 
mand of the g-overnment the ardent patriotism and youth- 
ful vigor of the country. If formed on equal and just 
principles, it cannot be oppressive. It is the crisis which 
makes the pressure, and not the laws which provide a re- 
medy for it. This arrangement should be formed, too, 
in time of peace, to be the better prepared for war. With 
such an organization of such a people, the United States 
have- nothing to dread from foreign invasion. At its ap- 
proach, an overwhelming force of gallant men might al- 
ways be put in motion. 

Other interests of high importance will claim attention ; 
among which, the improvement of our country by roads 
and canals, proceeding always with a constitutional sanc- 
tion, holds a distinguished place. By thus facilitating 
the intercourse between the states, we shall add much to 
the convenience and comfort of our fellow-citizens, much 
to the ornament of the country, and what is of greater 
importance, we shall shorten distances, and by making 
each part more accessible to and dependent on the other, 
we shall bind the union more closely together. Nature 
has done so much for us by intersecting the country with 
so many great rivers, bays, and lakes, approaching from 
distant points so near to each other, that the inducement 
to complete the work seems to be peculiarly strong. A 
more interesting spectacle was perhaps never seen than is 
exhibited within the limits of the United States — a ter- 
ritory so vast, and advantageously situated, containing ob- 
jects so grand, so useful, so happily connected in all their 

Our manufactures will, likewise, require the systematic 
and fostering care of the government. Possessing, as we 
do, all the raw materials, the fruit of our own soil and 
industry, we ought not to depend in the degree we have 
done, on supplies from other countries. While we are 
thus dependent, the sudden event of war, unsought and 
unexpected, cannot fail to plunge us into the most serious 
difficulties. It is important, too, that the capital^vhich 
nourishes our manufactures should be domestic, as its in- 
fluence in that case, instead of exhausting, as it may do 
in foreign hands, would be felt advantageously on agri- 



76 THE TRUE REPUBLICAN. 

culture, and every other branch of industry. Equally im 
portant is it to provide at home a market for our raw ma- 
terials, as by extending the competition, it will enhance 
tlie price, and protect the cultivator against the casualties 
incident to foreign markets. 

With the Indian tribes it is our duty to cultivate friendly 
relations, and to act with kindness and liberality in all our 
transactions. Equally proper is it to persevere in our ef- 
forts to extend to them the advantages of civilization. 

The great amount of our revenue, and the fi)urishing 
state of the treasury are a full proof of the competency of 
the national resources for any emergency, as they are of 
the willingness of our fellow-citizens to bear the burdens 
which the public necessities require. The vast amount 
of vacant lands, the value of which daily augments, 
forms an additional resource of great extent and duration. 
These resources, besides accomplishing every other ne- 
cessary purpose, puts it completely in the power of the 
United States to discharge the national debt at an early 
period. Peace is the best time for improvement and pre- 
parations of every kind: it is in peace that our commerce 
flourishes most, that taxes are most easily paid, and that 
the revenue is most productive. 

The executive is charged, officially, in the departments 
under it, with the disbursement of the public money, and 
is responsible for the faithful application of it to the pur- 
poses for which it is raised. The legislature is the watch- 
ful guardian over the public purse. It is its duty to see 
that the disbursement has been honestly made. To meet 
the requisite responsibility, every facility should be afford-' 
ed to the executive, to enable it to bring the public agents 
intrusted with the public money, strictly and promptly to 
account. Nothing should be presumed against them : 
but if, with the requisite facilities, the public money is 
suffered to lie long and uselessly in their hands, they will 
not be the only defaulters, nor will the demoralizing ef- 
fect be confined to them. It will evince a relaxation and 
want Hf tone in the administration, which will be felt by 
the whole community. I shall do all that I can to secure 
economy and fidelity in this important branch of the 
administration, and I doubt not that the legislature will 



Monroe's inaugural address. 77 

perform its duty with equal zeal. A thorough exaniina- 
♦ion should be regularly made, and I will promote it. 

It is particularly gratifying to me to enter on the dis- 
char.ge of these duties at a time when the United States 
are blessed with peace. It is a state most consistent with 
their prosperity and happiness. It will be my sincere 
desire to preserve it, so far as depends on the executive, 
on just principle with all nations, claiming nothing unrea- 
sonable of any, and rendering to each what is its due. 

Equally gratifying is it to vvitness the increased harmo- 
ny of opinion which pervades our Union. Discord does 
not belong to our system. Union is recommended, as 
well by the free and benign principles of our governmeivt, 
extending its blessings to every individual, as by the other 
eminent advantages attending it. The American people 
have encountered together great dangers, and sustained 
severe trials with success. They constitute one great 
family with a common interest. Experience has enlight- 
ened us on some questions of essential importance to the 
country. The progress has been slow, dictated by a just 
reflection, and a faithful regard to every interest connect- 
ed with it. To promote this harmony, in accordance 
with the principles of our republican government, and in 
a manner to give them the most complete effect, and to 
advance, in all other respects, the best interests of our 
country, will be the object of my constant and zealous ex- 
ertions. 

Never did a government commence under auspices so 
favorable, nor ever was success so complete. If we 
look to the history of other nations, ancient or modern, 
we find no example of a growth so rapid, so gigantic ; of 
a people so prosperous and happy. In contemplating 
what we have still to perform, the heart of every citizen 
must expand with joy, when he reflects how near our go- 
vernment has approached to perfection ; that in respect 
to it we have no essential improvement to make ; that 
the great object is to preserve it in the essential principles 
and features which characterize it, and that that is to be 
done by preserving the virtue and enlightening the minds 
of the people ; and, as a security against foreign dangers, 
to adopt such arrangements as are indispensable to th^ 
7* 



78 THE TRUE REPUBLICAN. 

support of our independence, our rights and liberties. If 
we persevere in the career in which we have advanced so 
far, and in the path already traced, we cannot fail, under 
the favor of a gracious Providence, to attain the high des- 
tiny which seems to await us. 

In the administration of the illustrious men who have 
preceded me in this high station, with some of whom I 
have been connected by the closest ties from early life, 
examples arfc presented which will always be found highly 
instructive and useful to their successors. From these I 
shall endeavor to derive all the advantages which they 
may afford. Of my immediate predecessor, under whom 
so important a portion of this great and successful expe- 
riment has been made, I shall be pardoned for expressing 
my earnest wishes that he may long enjoy in his retire- 
ment the affections of a grateful country, the best reward 
of exalted talents and the most faithful and meritorious 
services. Relying on the aid to be derived from the other 
departments of government, I enter on the trust to which 
I have been called by the suffrages of my fellow-citizens, 
with my fervent prayers to the Almighty that he will be 
graciously pleased to continue to us that protection which 
he has already so conspicuously displayed in our favor. 



MONROE'S FIRST ANNUAL MESSAGE, 

December 3, 1817. 

Fellow- Citizens of the Senate 

and House of Representatives : 
At no period of our political existence had we so much 
cause to felicitate ourselves at the prosperous and happy 
condition of our country. The abundant fruits of the 
earth have filled it with plenty. An extensive and profit- 
able commerce has greatly augmented our revenue. The 
public credit has attained an extraordinary elevation. Our 
preparations for defence, in case of future wars, from 
which, by the experience of all nations, we ought not eX' 
pect to be exempted, are advancing, under a well-digested 



Monroe's first annual message. 79 

system, with all the despatch which so important a work 
will admit. Our free government, founded on the inte- 
rests and affections of the people, has gained, and is daily- 
gaining strength. Local jealousies are rapidly yielding 
to more generous, enlarged, and enlightened views of na- 
tional policy. For advantages so numerous and highly 
important, it is our duty to unite in grateful acknowledg- 
ments to that Omnipotent Being, from whom they are 
derived, and in unceasing prayer that he will endow us 
with virtue and strength to maintain and hand them down, 
in their utmost purity, to our latest posterity. 

I have the satisfaction to inform you, that an arrange- 
ment, which had been commenced by my predecessor, with 
the British government, for the reduction of the naval force, 
by Great Britain and the United States, on the lakes, has 
been concluded; by which it is provided, that neither 
party shall keep in service on lake Champlain more than 
one vessel ; on lake Ontario, more than one ; on lake 
Erie and the upper lakes, more than two ; to be armed, 
each with one cannon only, and that all the other armed 
vessels of both parties, of which an exact list is inter- 
changed, shall be dismantled. It is also agreed, that the 
force retained shall be restricted in its diity to the inter- 
nal purposes of each party ; and that the arrangement 
shall remain in force until six months shall have expired 
after notice having been given by one of the parties to 
the other of its desire that it should terminate. By this 
arrangement, useless expense on both sides, and what is 
of greater importance, the danger of collision between 
armed vessels in those inland waters, which was great, 
is prevented. 

I have the satisfaction also to state, that the commis- 
sioners under the fourth article of the treaty of Ghent, to 
whom it was referred to decide to which party the several 
islands in the bay of Passamaquoddy belonged, under the 
treaty of one thousand seven hundred and eighty-three, 
have agreed in a report, by which all the islands in the pos- 
session of each party before the late war have been decreed 
to it. The commissioners acting under the other articles 
of the treaty of Ghent, for the settlement of the bounda- 
ries, have also been engaged in the discharge of their 



80 THE TRUE REPUBLICAN. 

respective duties, but have not yet completed them. The 
ditference which arose between the two governments 
under the treaty, respecting the right of the United State. 
to take and cure fish on the coast of the British pro- 
vinces, north of our limits, which had been secured by the 
treaty of one thousand seven hundred and eighty-three» 
!.s still in negotiation. The proposition made by this go- 
vernment, to extend to the colonies of Great Britain the 
principle of the convention of London, by which the com- 
merce between the ports of the United States and British 
ports of Europe had been placed on a footing of equali- 
ty, has been declined by the British government. This 
subject having been thus amicably discussed between the 
two governments, and it appearing that the British go- 
vernment is unwilling to depart from its present regula- 
tions, it remains for Congress to decide whether they will 
make any other regulations in consequence thereof, for 
tlie protection and improvement of our navigation. 

The negotiation with Spain, for spoliations on our com- 
merce, and the settlement of boundaries, remains essen- 
tially in the state it held in the communications that were 
made to Congress by my predecessor. It has been evi- 
dently the policy of the Spanish government to keep the 
negotiation suspended, and in this the United States have 
acquiesced, from an amicable disposition towards Spain, 
and in the expectation that her government would, from 
a sense of justice, finally accede to such an arrangement 
as would be equal between the parties. A disposition 
has been lately shovvn by the Spanish government to move 
in the negotiation, which has been met by this govern- 
ment, and should the conciliatory and friendly policy 
which has invariably guided our councils, be reciproca- 
ted, a just and satisfactory arrangement may be expected. 
It is proper, however, to remark that no proposition has 
yet been made from which such a result can be presumed. 

It was anticipated, at an early stage, that the contest 
between Spain and the colonies would become highly in- 
teresting to the United States. It was natural that our 
citizens should sympathize in events which affected their 
neighbors. It seemed probable, also, that the prosecution 
of the conflict, along our coast, and in contifljuous coun- 



Monroe's FiRst annual message. 81 

iries, would occasionally interrupt our commerce, and 
otherwise affect the persons and prope/ty of our citizens, 
These anticipations have been realized. Such injuries 
have been received from persons acting under the autho- 
rity of both the parties, and for which redress has, in 
some instances, been withheld. Through every stage of 
the conflict, the United States have maintained an impar- 
tial neutrality, giving aid to neither of the parties in men, 
money, ships, or munitions of war. They have regarded 
the contest not in the light of an ordinary insurrection 
or rebellion, but as a civil war between parties nearly 
equal, having, as to neutral powers, equal rights. Our 
ports have been open to both, and every article the fruit 
of our soil, or of the industry of our citizens, which ei- 
ther was permitted to take, has been equally free to the 
other. Should the colonies establish their independence, it 
is proper now to state that this government neither seeks 
nor would accept from them any advantage in commerce 
or otherwise, which will not be equally open to all other 
nations. The colonies will in that event become inde- 
pendent states, free from any obligation to, or connexion 
with us, which it may not then be their interest to form 
on a basis of fair reciprocity. 

la the summer of the present year, an expedition was 
set on foot against East Florida, by persons claiming to 
act under authority of some of the colonies, who took 
possession of Amelia Island, at the mouth of St. Mary's 
river, near the boundary of the state of Georgia. As the 
province lies eastward of the Mississippi, and is bounded 
by the United States and the ocean on every side, and 
has been a subject of negotiation with the government 
of Spain, as an indemnity for losses by spoliation, or in 
exchange of territory of equal value, westward of the 
Mississippi, a fact well known to the world, it excited 
surprise that any countenance should be given to this 
measure by any of the colonies. As it would be difficult 
to reconcile it with the friendly relations existing between 
the United States and the colonies, a doubt was enter- 
tained whether it had been authorized by them, or any 
of them. This doubt has gained strength, by the cir- 
cumstances which have unfolded themselves in the prose- 



82 THE TRUE REPUBLICAN. 

cution of the enterprise, which have marked it as a mere 
private unauthorized adventure. Projected and com- 
menced with an incompetent force, reliance seems to 
have been placed on what might be drawn, in defiance of 
our laws, from within our limits ; and of late, as their 
resources have failed, it has assumed a more marked cha- 
racter of unfriendliness to us, the island being made a 
channel for the illicit introduction of slaves from Africa 
into the United States, an asylum for fugitive slaves from 
the neighboring states, and a port for smuggling of every 
kind. 

A similar establishment was made, at an earlier period, 
by persons of the same description in the Gulf of Mexi- 
co, at a place called Galveston, within the limits of the 
United States, as we contend, under the cession of Loui- 
siana. This enterprise has been marked in a more sig- 
nal manner by all the objectionable circumstances which 
characterized the other, and more particularly by the 
equipment of privateers which have annoyed our com- 
merce, and by smuggling. These establishments, if ever 
sanctioned by any authority whatever, which is not be- 
lieved, have abused their trust and forfeited all claim to con- 
sideration. A just regard for the rights and interests of 
the United States required that they should be suppressed, 
and orders have accordingly been issued to that effect. 
The imperious considerations which produced this mea- 
sure will be explained to the parties whom it may in any 
degree concern. 

To obtain correct information on every subject in which 
the United States are interested ; to inspire just sentiments 
in all persons in authority, on either side, of our friendly 
disposition, so far as it may comport with an impartial 
neutrality, and to secure proper respect to our commerce 
in every port, and from every flag, it has been thought 
proper to send a ship of war, with three distinguished 
citizens along the southern coast, with instructions to 
touch at such ports as they may find most expedient for 
these purposes. With the existing authorities, with those 
jn the possession of, and exercising the sovereignty, must 
the communication be held ; from them alone can redress 
for past injuries, committed by persons acting under them 



MONROE S FIRST ANNUAL MESSAGE. 83 

be obtained ; by them alone can the commission of the 
like in future be prevented. 

Our relations with the other powers of Europe have 
experienced no essential change since the last session. 
In our intercourse with each, due attention continues to 
be paid to the protection of our commerce, and to every 
other object in which the United States are interested. 
A strong hope is entertained, that by adhering to the 
maxims of a just, candid, and friendly policy, we may 
long preserve amicable relations with all the powers of 
Europe, on conditions advantageous and honorable to our 
country. 

With the Barbary states and the Indian tribes, our pa- 
cific relations have been preserved. 

In calling your attention to the internal concerns of 
our country, the view which they exliibit is peculiarly 
gratifying. The payments which have been made into 
the treasury show the very productive state of the public 
revenue. After satisfying the appropriations made by law 
for the support of the civil government and of the mili- 
tary and naval establishments, embracing suitable provi- 
sion for fortification and for the gradual increase of the 
navy, paying the interest of the public debt, and extin- 
guishing more than eighteen millions of the principal, 
within the present year, it is estimated that a balance of 
more than six millions of dollars will remain in the trea- 
sury on the first day of January, applicable to the current 
service of the ensuing year.. 

The payments into the treasury during the year one 
thousand eight hundred and seventeen, on account of im- 
ports and tonnage, resulting principally from duties which 
have accrued in the present year, may be fairly estimated 
at twenty millions of dollars ; internal revenues, at two 
millions five hundred thousand ; public lands, at one mil- 
lion five hundred thousand ; bank dividends and inciden- 
tal receipts, at five hundred thousand ; making, in the 
whole, twenty-four millions and five hundred thousand 
dollars. 

The annual permanent expenditure for the support of 
the civil government, and of the army and navy, as now 
established by law, amounts to eleven millions eight hun- 



84 THE TRUE REPUBLICAN. 

died thousand dollars ; and for the sinking fund, to ten 
millions ; making, in the whole, twenty-one millions eight 
hundred thousand dollars ; leaving an annual excess of 
revenue, beyond the expenditure, of two millions seven 
hundred thousand dollars, exclusive of tlie balance esti- 
mated to be in the treasury on the 1st day of January 
one thousand eight hundred and eighteen. 

In the present state of the treasury, the whole of the 
Louisiana debt may be redeemed in the year 1819 ; after 
which, if the public debt continues as it now is, above 
par, there will be annually about five millions of the sink- 
ing fund unexpended, until the year 1825, when the loan 
of 1812, and the stock created by funding treasury notes 
will be redeemable. 

It is also estimated that the Mississippi stock will be 
discharged during the year 1819, from the proceeds of 
the public lands assigned to that object; after which the 
receipts from those lands will annually add to the public 
revenue the sum of one million five hundred thousand 
dollars, making the permanent annual revenue amount to 
twenty-six millions of dollars, and leaving an annual ex- 
cess of revenue after the year 1819, beyond the perma- 
nent authorized expenditure, of more than four millions 
of dollars. 

By the last returns to the department of war, the mili- 
tia force of the several states may be estimated at eight 
hundred thousand men, infantry, artillery, and cavalry. 
Great part of this force is armed, and measures are taken 
to arm the whole. An improvement in the organization 
and discipline of the militia, is one of the great objects 
which claim the unremitted attention of Congress. 

The regular force amounts nearly to the number re- 
quired by law, and is stationed along the Atlantic and in- 
land frontiers. 

Of the naval force, it has been necessary to maintain 
strong squadrons in the Mediterranean and in the Gulf of 
Mexico. 

From several of the Indian tribes, inhabiting the coun- 
try bordering on Lake Erie, purchases have been made 
of lands, on conditions very favorable to the United States 
and, it is presumed, not less so to the tribes themselves 



Monroe's FIRST ANNUAL MESSAGE. 85 

By these purchases the Indian title, with moderate re- 
servations, has been extinguished to the whole of the land 
within the state of Ohio, and to a great part of that in 
Michigan territory, and of the state of Indiana. From the 
Cherokee tribe a tract has been purchased in the state of 
Georgia, and an arrangement made, by which, in exchange 
for lands beyond the Mississippi, a great part, if not the 
whole of the land belonging to the tribe, eastward of that 
river, in the states of North Carolina, Georgia, and Ten- 
nessee, and in the Alabama territory, will soon be ac- 
quired. By these acquisitions, and others that may rea- 
sonably be expected soon to follow, we shall be enabled 
to extend our settlements from the inhabited parts of the 
state of Ohio, along Lake Erie, into the Michigan terri- 
tory, and to connect our settlements by degrees, through 
the state of Indiana and the Illinois territory, to that of 
Missouri. A similar and equally advantageous effect will 
soon be produced to the south, through the whole extent 
of the states and territory which border on the waters 
emptying into the Mississippi and the Mobile. In this 
progress, which the rights of nature demand, and nothing 
can prevent, marking a growth rapid and gigantic, it is 
our duty to make new efforts for the preservation, im- 
provement, and civilization of the native inhabitants. 
The hunter state can exist only in the vast uncultivated 
desert. It yields to the more dense and compact form 
and greater force of civilized population ; and of right it 
ought to yield, for the earth was given to mankind to sup- 
port the greatest number of which it is capable, and no 
tribe or people have a right to withhold from the wants 
of others more than is necessary for their own support 
and comfort. It is gratifying to know that the reserva- 
tion of land made by the treaties with the tribes on Lake 
Erie, were made with a view to individual ownership 
among them, and to the cultivation of the soil by all, and 
that an annual stipend has been pledged to supply their 
other wants. It will merit the consideration of Congress, 
whether other provisions, not stipulated by the treaty, 
ought to be made for these tribes, and for the advance- 
ment of the liberal and humane policy of tfie United 
States towards all the tribes within our limits, and more 
8 



S6 THE TRUE REPUBLICAN. 

particularly for their improvement in the arts of civilized 
life. 

Among the advantages incident to these purchases, and 
to tliose which have preceded the security which may 
thereby be afforded to our inland frontier is peculiarly 
important. With a strong barrier, consisting of our own 
people thus planted on the lakes, the Mississippi and the 
Mobile, with the protection to be derived from the regu- 
lar force, Indian hostilities, if they do not altogether 
cease, will henceforth lose their terror. Fortifications in 
those quarters to any extent will not be necessary, and the 
expense attending them may be saved. A people accus- 
tomed to the use of fire-arms only, as the Indian tribes 
are, will shun even moderate works which are defended 
by cannon. Great fortifications will therefore be requi- 
site only in future along the coast, and at some points in 
the interior connected with it. On these will the safety 
of towns and the commerce of our rivers, from the bay 
of Fundy to the Mississippi, depend. On these, there- 
fore, should the utmost attention, skill and labor be be- 
stowed. 

A considerable and rapid augmentation in the value 
of all the public lands, proceeding from these and other 
obvious causes, may henceforward be expected. The dif- 
ficulties attending early emigrations will be dissipated even 
in the most remote parts. Several new states have been 
admitted into our Union to the west and south, and terri- 
torial governments, happily organized, established over 
every other portion in which there is vacant land for sale. 
In terminating Indian hostilities, as must soon be done, 
in a formidable shape at least, the emigration, which has 
heretofore been great, will ptobably increase, and the de- 
mand for land, and the augmentation in its value, be in 
like proportion. The great increase of our population 
throughout the Union will alone produce an important 
effect, and in no quarter will it be so sensibly felt as in 
those in contemplation. The public lands are a public 
stock, which ought to be disposed of to the best advan- 
tage for the nation. The nation should, therefore, derive 
the profit proceeding from the continual rise in their 
value. Every encouragement should be given to the emi- 



Monroe's first annual message. 87 

grants, consistent with a fair competition between them ; 
but that competition should operate in the first sale to the 
advantage of the nation rather than of individuals. Great 
capitalists will derive all the benefit incident to their su 
perior wealth, under any mode of sale which may be 
adopted. But if, looking forward to the rise in the value 
of the public lands, they should have the opportunity of 
amassing, at a low price, vast bodies in their hands, the 
profit will accrue to them, and not to the public. They 
would also have the power, in that degree, to control the 
emigration and settlement in such a manner as their opi- 
nion of their respective interests might dictate. I submit 
the subject to the consideration of Congress, that such 
further provision may be made of the sale of the public 
lands, with a view to the public interest, should any be 
deemed expedient, as in their judgment may be best adapt- 
ed to the object. 

When we consider the vast extent of territory withm 
the United States, the great amount and value of its pro- 
ductions, the connection of its parts, and other circum- 
stances on which their prosperity and happiness depend, 
we cannot fail to entertain a high sense of the advantage 
to be derived from the facility which may be afforded in 
the intercourse between them, by means of good roads 
and canals. Never did a country of such vast extent 
offer equal inducements to improvements of this kind, nor 
ever were consequences of such magnitude involved in 
them. As this subject was acted on by Congress at the 
last session, and there may be a disposition to revive it at 
present, I have brought it into view for the purpose of 
communicating my sentiments on a very im.portant cir- 
cumstance connected with it, with that freedom and can- 
dor which a regard for the public interest and a proper 
respect for Congress require. A difference of opinion 
has existed from the first formation of our constitution to 
the present time, among our most enlightened and virtu- 
ous citizens, respecting the right of Congress to establish 
such a system of improvement. Taking into view the 
trust with which I am now honored, it would be improper, 
after what has passed, that this discussion should be re- 
vived with an uncertainty of my opinion respecting the 



88 THE TRUE REPUBLICAN. 

right. Disregarding early impressions, I have bestowed 
on the subject all the deliberation which its great impor 
tance, and a just sense of my duty, required, and the re- 
sult is a settled conviction in my mind that Congress do 
not possess the light. It is not contained in any of the 
specified powers granted to Congress, nor can I consider 
it incidental to, or a necessary mean, viewed on the most 
liberal scale, for carrying into effect any of the powers 
which are specifically granted. In communicating this 
result, I cannot resist the obligation which I feel, to sug- 
gest to Congress tbe propriety of recommending to the 
states an adoption of an amendment to the constitution, 
which shall give to Congress the right in question. In 
cases of doubtful construction, especially of such vital 
interest, it comports with the nature and origin of our re- 
publican institutions, and will contribute much to pre- 
serve them, to apply to our constituents for an explicit 
grant of the power. We may confidently rely, that if it 
appears to their satisfaction that the power is necessary, 
it will be granted. 

In this case, I am happy to observe, that experience 
has afforded the most ample proof of its utility, and that 
the benign spirit of conciliation and harmony, which now 
manifests itself throughout our Union, promises to such 
a recommendation the most prompt and favorable result. 
I think proper to suggest, also, in case this measure is 
adopted, that it be recommended to the states to include 
in the amendment sought, a right in Congress to insti- 
tute, likewise, seminaries of learning, for the all-impor- 
tant purpose of diffusing knowledge among our fellow- 
citizens throughout the United States. 

Our manufactures will require the continued atten- 
tion of Congress. The capital employed in them is con- 
siderable, and the knowledge required in the machinery 
and fabric of all the most useful manufactures is of great 
value. Their preservation, which depends on due en- 
couragement, is connected with the high interests of the 
nation. 

Although the progress of the public buildings has been 
as favorable as circumstances have permitted, it is to be 
regretted the capitol is not yet in a state to receive you. 



MONROE S FIRST ANNUAL MESSAGE. 89 

There is good cause to presume that the two wings, the 
only parts as yet commenced, will be prepared for that 
purpose the next session. The time seems now to have 
arrived, when this subject may be deemed worthy of the 
attention of Congress, on a scale adequate to national 
purposes. The completion of the middle building will 
be necessary to the convenient accommodation of Con- 
gress, of the committees, and various officers belonging 
to it. It is evident that the other public buildings are 
altogether insufficient for the accommodation of the seve- 
ral executive departments ; some of whom are much 
crowded, and even subject to the necessity of obtaining 
it in private buildings, at some distance from the head of 
the department, and with inconvenience to the manage- 
ment of the public business. Most nations have taken 
an interest and a pride in the improvement and ornament 
of their metropolis, and none were more conspicuous 
in that respect than the ancient republics. The policy 
which dictated the establishment of a permanent resi- 
dence for the national government, and the spirit in which 
it was commenced and has been prosecuted, show that 
such improvement was thought worthy the attention of 
this nation. Its central position, between the northern 
and southern extremes of our Union, and its approach to 
the west, at the head of a great navigable river, which 
interlocks with the western waters, prove the wisdom of 
the councils which established it. 

Nothing appears to be more reasonable and proper, 
than that convenient accommodation should be provided, 
on a well-digested plan, for the heads of the several de- 
partments, and for the attorney-general; and it is believed 
that the public ground in the city, applied to these 
objects, will be found amply sufficient. I submit this 
subject to the consideration of Congress, that such pro 
vision may be made in it, as to them may seem proper. 

In contemplating the happy situation of the United 
States, our attention is drawn, with peculiar interest, to 
the surviving officers and soldiers of our revolutionary 
army, who so eminently contributed, by their services, to 
lay its foundation. Most of those very meritorious citi- 
zens have paid the debt of nature and golfte to repose. It 
8* 



90 THE TRUE REPUBLICAN. 

is oelieved, that among the survivors there are some not 
provided for by existing laws, who are reduced to indi- 
gence, and even to real distress. These men have a 
claim on the gratitude of their country, and it will do 
honor to their country to provide for them. The lapse 
of a few years more, and the opportunity will be forever 
lost ; indeed, so long already has been the interval, that 
the number to be benefitted by any provision which may 
be made, will not be great. 

It appearing in a satisfactory manner that the revenue 
arising from imposts and tonnage, and from the sale of 
public lands, will be fully adequate to the support of the 
civil government, of the present military and naval esta- 
blishments, including the annual augmentation of the lat- 
ter to the extent provided for, to the payment of the in- 
terests on the public debt, and to the extinguishment of it 
at the times authorized, without the aid of the internal 
taxes, I consider it my duty to recommend to Congress 
their repeal. To impose taxes when the public exigen- 
cies require them, is an obligation of the most sacred 
character, especially with a free people. The faithful fulfil- 
ment of it is among the highest proofs of their virtue and ca- 
pacity for self-government. To dispense with taxes, when 
it may be done with perfect safety, is equally the duty of 
their representatives. In this instance, we have the satis- 
faction to know that they are imposed when the demand 
was imperious, and have been sustained with exemplary 
fidelity. I have to add, that however gratifying it ixiay be 
to me, regarding the prosperous and happy condinon of 
our country, to recommend the repeal of these taxes at 
this time, I shall, nevertheless, be attentive to events, and 
should any future emergency occur, be not less jprompt 
to snggest such measures and burdens as may tlu^ h'a 
requisite and proper. 




w ^(/^ /i^xiili^pAiri! ^ 



5, S.. cAclcurr^J> 



J. Q. ADAMs' INAUGURAL ADDRESS. 91 

J. Q. ADAMS' INAUGURAL ADDRESS 
March 4, 1825. 

In compliance with a usage coeval with the existence 
of our federal constitution, and sanctioned by the exam- 
ple of my predecessors in the career upon which I am 
about to enter, I appear, my fellow-citizens, in your pre- 
sence, and in that of Heaven, to bind myself, by the so- 
lemnities of a religious obligation, to the faithful perform- 
ance of the duties allotted to me, in the station to which 
I have been called. 

In unfolding to my countrymen the principles by which 
I shall be governed in the fulfilment of those duties, 
my first resort will be to that constitution, which I shall 
swear, to the best of my ability, to preserve, protect, 
and defend. That revered instrument enumerates the 
powers and prescribes the duties of the executive magis- 
trate ; and, in its first words, declares the purposes to 
which these, and the whole action of the government, in- 
stituted by it, should be invariably and sacredly devoted — 
to form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the blessings of 
liberty to the people of this Union, in their successive 
generations. Since the adoption of this social compact, 
one of these generations have passed away. It is the work 
of our forefathers. Administered by some of the most 
eminent men who contributed to its formation, through 
a most eventful period in the annals of the world, and 
through all the vicissitudes of peace and war, incidental 
to the condition of associated man, it has not disappointed 
the hopes and aspirations of those illustrious benefactors 
of their age and nation. It has promoted the lasting 
welfare of that country, so dear to us all ; it has, to an 
extent far beyond the ordinary lot of humanity, secured 
the freedom and happiness of this people We now re- 
ceive it as a precious inheritance from those to whom we 
are indebted for its establishment, doubly bound by the 
examples they have left us, and by the blessings which 



92 THE TRUE REPUBLICAN. 

we have enjoyed, as the fruit of their labors, to transmit 
the same, unimpaired, to the succeeding generations. 

In the compass of thirty-six years, since this great na- 
tional covenant was instituted, a body of laws enacted 
under its authority, and in conformity with its provisions, 
has unfolded its powers, and carried into practical opera- 
tion its etfective energies. Subordinate departments have 
distributed the executive functions in their various rela- 
tions tc foreign affairs, to the revenue and expenditures, 
and to the military force of the Union by land and sea. 
A co-ordinate department of the judiciary has expoUiided 
the constitution and the laws ; settling, in harmonious co- 
incidence with the legislative will, numerous weighty 
questions of construction which the imperfection of hu- 
man language had rendered unavoidable. The year of 
jubilee, since the first formation of our Union has just 
elapsed ; that of the declaration of independence is at hand. 
The consummation of both was effected by this constitu- 
tion. Since that period, a population of four millions has 
multiplied to twelve. A territory, bounded by the Mis- 
sissippi, has been extended from sea to sea. New states 
have been admitted to the Union, in numbers nearly equal 
to those of the first confederation. Treaties of peace, 
amity, and commerce, have been concluded with the prin- 
cipal dominions of the earth. The people of other na- 
tions, inhabitants of regions acquired, not byconquestbut 
by compact, have been united with us in the participation 
of our rights and duties, of our burdens and blessings. 
The forest has fallen by the axe of our woodsman ; the 
soil has been made to teem by the tillage of our far- 
mers ; our commerce has whitened every ocean. The 
dominion of man over physical nature has been extended 
by the invention of our artists. Liberty and law have 
marched hand in hand. All the purposes of Imman asso- 
ciation have been accomplished as eflfectively as under 
any other government on the globe ; and at a cost, little 
exceeding, in a whole generation, the expenditures of 
other nations in a single year. 

Such is the unexaggerated picture of our condition 
under a constitution founded upon the republican princi- 
ple of equal rights. To admit that this picture has its 



J a. ADAMS* INAUGURAL ADDRESS. 93 

Bhades, is but to say that it is still the condition of men 
upon earth. From evil, physical, moral and political, it 
is not our claim to be exempt. We have suffered some- 
times Dy the visitation of Heaven, through disease ; often 
by the wrongs and injustices of other nations, even to the 
extremities of war ; and lastly, by dissensions among our- 
selves — dissensions, perhaps, inseparable from the enjoy- 
ment of freedom, but which have more than once appeared 
to threaten the dissolution of the Union, and, with it the 
overthrow of all the enjoyments of our present lot, and 
all our earthly hopes of the future. The causes of these 
dissensions have been various, founded upon differences 
of speculation in the theory of republican government ; 
upon conflicting views of policy, in our relations with 
foreign nations ; upon jealousies of partial and sectional 
interests, aggravated by prejudices and prepossessions, 
which strangers to each other are ever apt to entertain. 

It is a source of gratification and of encouragement to 
me, to observe that the great result of this experiment 
upon the theory of human rights has, at the close of that 
generation by which it was formed, been crowned with 
success equal to the most sanguine expectations of its 
founders. Union, justice, tranquillity, the common de- 
fence, the general welfare, and the blessings of liberty, all 
have been promoted by the government under which we 
have lived. Standing at this point of time ; looking back 
to that generation which has gone by, and forward to that 
which is advancing, we may at once indulge in grateful 
exultation and in cheering hope. From the experience of 
the past, we derive instructive lessons for the future. Of 
the two great political parties which have divided the 
opinions and feelings of our country, the candid and the 
just will now admit that both have contributed splendid 
talents, spotless integrity, ardent patriotism and disinte- 
rested sacrifices, to the formation and administration of this 
government ; and that both have required a liberal indul- 
gence for a portion of human infirmity and error. The 
revolutionary wars of Europe, commencing precisely al 
the moment when the government of the United States 
first went into operation under this constitution, excited 
a collision of sentiments and of sympathies, which kin- 



94 THE TRUE REPUBLICAN. 

died all the passions, and embittered the conflict of par- 
ties till the nation was involved in war, and the Union 
was shaken to its cen'.re. This time of trial embraced a 
period of five-and-twenty years, during which the policy 
of the Union, in its relations with Europe, constituted 
the principal basis of our political divisions, and the most 
arduous part of the action of our federal government. 
With the catastrophe in which the wars of the French 
revolution terminated, and our own subsequent peace 
with Great Britain, this baneful weed of party strife was 
uprooted. From that time, no difference of principle, 
connected either with the theory of government, or with 
our intercourse with foreign nations has existed, or been 
called forth in force sufficient to sustain a continued com- 
bination of parties, or give more than wholesome anima- 
tion to public sentiment or legislative debate. Our po- 
litical creed is, without a dissenting voice that can be 
heard, that the will of the people is the source, and the 
happiness of the people the end, of all legitimate govern- 
ment upon earth. That the best security for the benefi- 
cence, and the best guaranty against the abuse of power, 
consists in the freedom, the purity, and the frequency of 
popular elections. That the general government of the 
Union, and the separate governments of the states, are 
all sovereignties of legitimated powers ; fellow-servants 
of the same masters, uncontrolled within their respective 
spheres, uncontrollable by encroachments upon each 
other. That the firmest security of peace is the pre- 
paration during peace of the defences of war. That a 
rigorous economy, and accountability of public expendi- 
tures, should guard against the aggravation, and alleviate, 
when possible, the burden of taxation. That the military 
should be kept in strict subordination to the civil power. 
That the freedom of the press and of religious opinion 
should be inviolate. That the policy of our country is 
peace, and the ark of our salvation, union, are articles 
of faith upon which we are all agreed. If there have 
been those who doubted whether a confederated represen- 
tative democracy were a government competent to the 
wise and orderly management of the common concerns 
of a mighty nation, those doubts have been dispelled. If 



J. Q. ADAMS INAUGURAL ADDRESS. 95 

there have been projects of partial confederacies to be 
erected upon the ruins of the Union, they have been scat- 
tered to the winds. If there have been dangerous at- 
tachments to one foreign nation, and antipathies against 
another, they have been extinguished. Ten years of 
peace, at home and abroad, have assuaged the animosities 
of political contention, and blended into harmony the most 
discordant elements of public opinion. There still re- 
mains one effort of magnanimity, one sacrifice of prejudice 
and passion, to be made by the individuals throughout the 
nation, who have heretofore followed the standard of po- 
litical party. It is that of discarding every remnant of 
rancor against each other ; of embracing as countrymen 
and friends ; and of yielding to talents and virtue alone, 
that confidence which, in times of contention for principle, 
was bestowed only upon those who bore the badge of par- 
ty communion. 

The collisions of party spirit, which originate in specu- 
lative opinions, or in different views of administrative poli- 
cy, are in their nature transitory. Those which are found- 
ed on geographical divisions, adverse interests of soil, cli- 
mate, and modes of domestic life, are more permanent, 
and therefore perhaps more dangerous. It is this which 
gives inestimable value to the character of our govern- 
ment, at once federal and national. It holds out to us a 
perpetual admonition to preserve alike, and with equal 
anxiety, the rights of each individual state in its own 
government, and the rights of the whole nation in that of 
the Union. Whatever is of domestic concealment, un- 
connected with the other members of the Union, or with 
foreign lands, belongs exclusively to the administration of 
the state governments. Whatsoever directly involves the 
rights and interests of the federative fraternity, or of for- 
eign powers, is of the resort of this general government. 
The duties of both are obvious in the general principle, 
though sometimes perplexed with difficulties in the detail. 
To respect the rights of the state governments is the in- 
violable duty of that of the Union ; the government of 
every state will feel its own obligation to respect and pre- 
serve the rights of the whole. The prejudices every where 
too commonly entertained against distant strangers are 



96 THE TRUE REPUBLICAN. 

worn away, and the jealousies of jarring interests are al 
layed by the composition and functions of the great na- 
tional councils annually assembled from all quarters of the 
Union at this place. Here the distinguished men from 
every section of our country, while meeting to deliberate 
upon the great interests of those by whom they are depu- 
ted, learn to estimate the talents, and do justice to the 
virtues of each other. The harmony of the nation is 
promoted, and the whole Union is knit together by the 
sentiments of mutual respect, the habits of social inter- 
course, and the ties of personal friendship, formed be- 
tween, the representatives of its several parts, in the per- 
formance of their service at this metropolis. 

Passing from this general review of the purposes and 
injunctions of the federal constitution, and their results, 
as indicating the first traces of the path of duty in the dis- 
charge of my public trust, I turn to the administration of 
my immediate predecessor, as the second. It has passed 
away in a period of profound peace : how much to the 
satisfaction of our country, and to the honor of our coun- 
try's name, is known to you all. The great features of 
its policy, in general concurrence with the will of the le- 
gislature, have been — to cherish peace while preparing 
for defensive war; to yield exact justice to other nations, 
and maintain the rights of our own ; to cherish the prin- 
ciples of freedom and of equal rights, wherever they were 
proclaimed; to discharge with all possible promptitude the 
national debt ; to reduce within the narrowest limits of 
efficiency the military force ; to improve the organization 
and discipline of the army; to provide and sustain a 
school of military science ; to extend equal protection to 
all the great interests of the nation ; to promote the civili- 
zation of the Indian tribes ; and to proceed in the great 
system of internal improvements within the limits of the 
constitutional power of the Union. Under the pledge of 
these promises, made by that eminent citizen, at the time 
of his first induction to this office, in his career of eight 
years, the internal taxes have been repealed ; sixty mil- 
lions of the public debt have been discharged; provision 
has been made for the comfort and relief of the aged and 
indigent among the surviving warriors of the revolution; 



J. Q. ADAMs' INAUGURAL ADDRESS. 97 

the regular armed force has been reduced, and its consti- 
tution revised and perfected ; the accountability for the 
expenditures of public moneys has been made more effec- 
tive; the Floridas have been peaceably acquired, and our 
boundary has been extended to the Pacific ocean ; the in- 
dependence of the southern nations of this hemisphere has 
been recognized, and recommended by example and by 
counsel to the potentates of Europe , progress has been 
made in the defence of the country by fortifications, and 
the increase of the navy — towards the effectual suppres- 
sion of the African traffic in slaves— in alluring the abori- 
ginal hunters of our land to the cultivation of the soil and 
of the mind — in exploring the interior regions of the 
Union,^ and in preparing, by scientific researches and sur- 
veys, lor the further application of our national resources 
to the internal improvement of our country. 

In this brief outline of the promise and performance of 
my immediate predecessor, the line of duty for his suc- 
cessor is clearly delineated. To pursue to their consum- 
mation those purposes of improvement in our common 
condition, instituted or recommended by him, will embrace 
the wliole sphere of my obligations. To the topic of in- 
ternal improvement, emphatically urged by him at his in- 
auguration, I recur with peculiar satisfaction. It is that 
from which I am convinced that the unborn millions of 
our posterity, who are in future ages to people this conti- 
nent, will derive their most fervent gratitude to the found- 
ers of the Union ; that in which the beneficent action of 
its government will be most deeply felt and acknowledged. 
The magnificence and splendor of their public works°are 
among the imperishable glories of the ancient republics. 
The roads and aqueducts of Rome have been the admira- 
tion of all after-ages, and have survived thousands of years, 
after all her conquests have been swallowed up in despo- 
tism, or become the spoil of barbarians. Some diversity 
of opinion has prevailed with regard to the powers of 
Congress for legislation upon objects of this nature. The 
most respectful deference is due to doubts, originating in 
pure patriotism, and sustained by venerated authority. 
But nearly twenty years have passed since the construc- 
tion of the first national road was commenced. The au- 



98 THE TRUE REPUBLICAN. 

thority for its construction was then unquestioned. To 
how many thousands of our countrymen has it proved a 
henefit ? To what single individual has it ever proved an 
injury? Repeated, liberal and candid discussions in the 
legislature have conciliated the sentiments, and approxi- 
mated the opinions of enlightened minds, upon the question 
of constitutional power. I cannot but hope that, by the 
same process of friendly, patient, and persevering delibe- 
ration, all constitutional objections will ultimately be re- 
moved. The extent and limitation of the powers of the 
general government, in relation to this transcendently im- 
portant interest, will be settled and acknowledged to the 
common satisfaction of all ; and every speculative scruple 
will be solved by a practical public blessing. 

Fellow-citizens, you are acquainted with the peculiar 
circumstances of the recent elections, which have result- 
ed in affording me the opportunity of addressing you at 
this time. You have heard the exposition of the princi- 
ples which will direct me in the fuliilment of the high 
and solemn trust imposed upon me in this station. Less 
possessed of your confidence in advance than any of my 
predecessors, I am deeply conscious of the prospect that 
I shall stand, more and oftener, in need of your indul- 
gence. Intentions, upright and pure ; a heart devoted to 
the welfare of our country, and the unceasing applica- 
tion of the faculties allotted to me to her service, are all 
the pledges that I can give to the faithful performance of 
the arduous duties I am to undertake. To the guidance 
of the legislative councils ; to the assistance of the exe- 
cutive and subordinate departments ; to the friendly co- 
operation of the respective state governments; to the can- 
did and liberal support of the people, so far as it may be 
de.-»erved by honest industry and zeal, 1 shall look for 
whatever success may attend my public service : and 
knowing that, except the Lord keep the city, the watch- 
man waketh but in vain, with fervent supplications for his 
favor, to his overruling providence I commit, with hum- 
ble but fearless confidence, my own fate and the future 
destinies? of my country. 



J. Q. ADAMS FIRST ANNUAL MESSAGE. 99 

J. Q. ADAMS' FIRST ANNUAL MESSAGE, 

December 6, 1825 

To the Senate, and 

Hous.e of Representatives of the United States: 

In taking a general survey of the concerns of our be- 
loved country, with reference to subjects interesting to 
the common welfare, the first sentiment which impresses 
itself upon the mind, is of gratitude to the Omnipotent 
Disposer of all good, for the continuance of the signal 
blessings of his providence, and especially for that health, 
which, to an unusual extent, has prevailed within our bor- 
ders ; and for that abundance which, in the vicissitudes 
of the seasons, has been scattered with profusion over our 
land. Nor ought we less to ascribe to Him the glory, 
that we are permitted to enjoy the bounties of his hand in 
peace and tranquillity — in peace with all the other nations 
of the earth, in tranquillity among ourselves. There has, 
indeed, rarely been a period in the history of civilized 
man, in which the general condition of the Christian na- 
tions has been marked so extensively by peace and pros- 
perity. 

Europe, with a few partial and unhappy exceptions, 
has enjoyed ten years of peace, during which all her go- 
vernments, whatever the theory of their constitutions may 
have been, are successively taught to feel that the end of 
their institutions is the happiness of the people, and that 
the exercise of power among men can be justified only by 
the blessings it confers upon those over whom it is 
extended. 

During the same period, our intercourse with all those 
nations has been pacific and friendly; it so continues. 
Since the close of your late session, no material varia- 
tion has occurred in our relations with any one of them. 
In the commercial and navigation system of Great Britain, 
important changes of municipal regulations have recently 
been sanctioned by the acts of parliament, the efl'ect of 
which upon the interests of other nations, and particular- 
ly upon ours, has not yet been fully developed. In the 



100 THE TRUE REPUBLICAN. 

recent renewal of the diplomatic missions, on both sides, 
between the two governments, assurances have been 
given and received of the continuance and increase of 
the mutual confidence and cordiality by which the adjust- 
ment of many points of difference has already been effect- 
ed, and which affords the surest pledge for the ultimate 
satisfactory adjustment of those which still remain open, 
or may hereafter arise. 

The policy of tlie United States, in their commercial 
intercourse with other nations, has always been of the 
most liberal character. In the mutual exchange of their 
respective productions, they have abstained altogether 
from prohibitions ; they have interdicted themselves the 
power of laying taxes upon exports, and whenever they 
have favored their own shipping, by special preferences 
or exclusive privileges in their own ports, it has been 
only with a view to countervail similar favors and exclu- 
sions granted by the nations with whom we have been 
engaged in traffic, to their own people or shipping, and to 
the disadvantage of ours. Immediately after the close of 
the last war, a proposal was fairly made by the act of Con- 
gress of the 3d March, 1815, to all maratime nations, to 
lay aside the system of retaliating restrictions and exclu- 
sions, and to place the shipping of both parties to the 
common trade on a footing of equality in respect to the 
duties of tonnage and impost. This offer was partially 
and successively accepted by Great Britain, Sweden, the 
Netherlands, the Hanseatic cities, Prussia, Sardinia, the 
Duke of Oldenburg, and Russia. It was also adopted, 
under certain modifications, in our late commercial con- 
vention with France. And by the act of Congress of the 
8th of January, 1824, it has received a new confirmation 
with all the nations who had acceded to it, and has been 
offered again to all those who are or may hereafter be will- 
ing to abide in reciprocity by it. But all these regula- 
tions, whether established by treaty or by municipal 
enactments, are still subject to one important restriction. 

The removal of discriminating duties of tonnage and 
impost, is limited to articles of the growth, produce, or 
manufacture of the country to which the vessel belongs, 
or to such articles as are most universally shipped from 



J. a. adaMs' first annual message. 101 

her ports. It will deserve the serious consideration of 
Congress, whether even this remnant of restriction may 
not be safely abandoned, and whether the general tender 
of equal competition, made in the act of 8th January, 
1824, may not be extended to include all articles of mer- 
chandise not prohibited, of what country soever they may 
be the produce or manufacture. Propositions to this 
effect have already been made to us by more than one Eu- 
ropean government, and it is probable that if once esta- 
blished by legislation or compact with any distinguished 
maratime state, it would recommend itself, by the experi- 
ence of its advantages, to the general accession of all. 

The convention of commerce and navigation between 
the United States and France, concluded on the 24th of 
June, 1822, was, in the understanding and intent of both 
parties, as appears upon its face, only a temporary ar- 
rangement of the points of difference between them of 
the most immediate and pressing urgency. It was limit- 
ed, in the first instance, to two years from the first of 
October, 1822, but with a proviso, that it should further 
continue in force till the conclusion of a general and de- 
finitive treaty of commerce, unless terminated by a notice 
six months in advance, of either of the parties to the 
other. Its operation, so far as it extended, has been mu- 
tually advantageous ; and it still continues in force, by 
common consent. But it left unadjusted several objects 
of great interest to the citizens and subjects of both coun- 
tries, and particularly a mass of claims, to considerable 
amount, of citizens of the United States upon the govern- 
ment of France, of indemnity for property taken or de- 
stroyed, under circumstances of the most aggravated and 
outrageous character. In the long period during which 
continued and earnest appeals have been made to the 
equity and magnanimity of France, in behalf of those 
claims, their justice has not been, as it could not be, de- 
nied. It was hoped that the accession of a new sovereign 
to the throne, would have afforded a favorable opportu- 
nity for presenting them to the consideration of his go- 
vernment. They have been presented and urged, hither- 
to, without effect. The repeated and earnest representa- 
tions of our minister at the court of France, remains as 
9* 



102 THE TRUE REPUBLICAN. 

yet even without nn answer. Were the demands of na- 
tions upon tlie justice oi each other susceptible of adju- 
dication by the decision of an impartial tribunal, those to 
whom I now refer would long since have been settled, 
and adequate indemnity would have been obtained. There 
are large amounts of similar claims upon the Nether- 
lands, Naples, and Denmark. For those upon Spain, 
prior to 1819, indemnity was, after many years of patient 
forbearance, obtained, and those of Sweden have been 
lately compromised by a private settlement, in which tlie 
claimants themselves have acquiesced. The governments 
of Denmark and of Naples have been recently reminded 
of those yet existing against them ; nor will any of them 
be forgotten while a hope may be indulged of obtaining 
iustice, by the means within the constitutional power of 
the executive, and without resorting to those means of 
self-redress, which, as well as the time, circumstances, 
and occasion, which may require them, are within the 
exclusive competency of the legislature. 

It is with great satisfaction that I am enabled to bear 
witness to the liberal spirit with which the republic of 
Colombia has made satisfaction for well-established claims 
of a similar character. And among the documents now 
communicated to Congress, will be distinguished a treaty 
of commerce and navigation with that republic, the rati- 
fications of which have been exchanged since the last re 
cess of the legislature. The negotiation of similar trea- 
ties with all the independent South American states, has 
been contemplated, and may yet be accomplished. The 
basis of them all, as proposed by the United States, has 
been laid in two principles ; the one, of entire and un- 
qualified reciprocity ; the other, the mutual obligation of 
the parties to place each other permanently on the footing 
of the most favored nation. These principles are, indeed, 
indispensible to the effectual emancipation of the Ameri- 
can hemisphere from the thraldom of colonizing monopo- 
lies and exclusions — an event rapidly realizing in the pro- 
gress of human affairs, and which the resistance still op- 
posed in certain parts of Europe to the acknowledgment 
of the Southern American republics as independent 
states, will, it is believed, contribute more effectually to 



J. Q. ADAMs' FIRST ANNUAL MESSAGE. 103 

accomplish. The time has been, and that not remote 
when some of these states might, in their anxious desire 
to obtain a nominal recognition, have accepted of a nomi- 
nal independence, clogged with burdensome conditions, 
and exclusive commercial privileges, granted to the nation 
from which they have separated, to the disadvantage of 
all others. They now are all aware that such conces- 
sions to any European nation would be incompatible with 
that independence which they have declared and main- 
tained. 

Among the measures which have been suggested to 
them by the new relations with one another, resulting 
from the recent changes in their condition, is that of as- 
sembling at the Isthmus of Panama, a Congress, at which 
each of them should be represented, to deliberate upon 
objects important to the welfare of all. The republics 
of Colombia, of Mexico, and of Central America, have 
already deputed plenipotentiaries to such a meeting, and 
they have invited the United States to be also represented 
there by their ministers. The invitation has been accept- 
ed, and ministers on the part of the United States will 
be commissioned to attend at those deliberations, and to 
take part in them, so far as it may be compatible with 
that neutrality from which it is neither our intention nor 
the desire of the American states that we should depart. 

The commissioners under the seventh article of the 
treaty of Ghent have so nearly completed their arduous 
labors, that, by the report recently received from the agent 
on the part of the United States, there is reason to ex- 
pect that the commiision will be closed at their next ses- 
sion, appointed for the 22d of May, of the ensuing year 

The other commission appointed to ascertain the in 
demnities due for slaves carried away from the United 
States, after the close of the late war, have met with some 
difficulty which has delayed their progress in the inquiry. 
A reference has been made to the British government on 
the subject, which, it may be hoped, will tend to hasten 
the decision of the commissioners, or serve as a substi- 
tute for it. 

Among the powers specifically granted to Congress by 
the constitution, are those of establishing^ uniform law 



104 THE TRUE REPUBLICAN. 

on the subject of bankruptcies throughout the United 
States ; and for providing for organizing, arming, and dis- 
ciplining the militia, and for governing such part of them 
as may be employed in the service of the United States, 
The magnitude and complexity of the interests affected 
by legislation upon these subjects, may account for the 
fact, that long and often as both of them have occupied 
the attention, and animated the debates of Congress, no 
systems have yet been devised for fulfilling, to the satis- 
faction of the community, the duties prescribed by these 
grants of power. To conciliate the claim of the indi- 
vidual citizen to the enjoyment of personal liberty, with 
the effective obligation of private contracts, is the difficult 
problem to be solved by a law of bankruptcy. These are 
objects of the deepest interest to society ; affecting all 
that is precious in the existence of multitudes of persons, 
many of them in the classes essentially dependent and 
helpless ; of the age requiring nurture, and of the sex en- 
titled to protection from the free agency of the parent and 
the husband. The organization of the militia is yet more 
indispensable to the liberties of the country. It is only 
by an effective militia that we can at once enjoy the re- 
pose of peace, and bid defiance to foreign aggression ; it 
is by the militia that we are constituted an armed nation, 
standing in perpetual panoply of defence, in the presence 
of all the other nations of the earth. To this end, it 
would be necessary, if possible, so to shape its organiza- 
tion, as to give it a more united and active energy. There 
are laws for establishing a uniform militia throughout the 
United States, and for arming and equipping its whole 
body. But it is a body of dislocated members, without 
the vigor of unity, and having little of uniformity but the 
name. To infuse into this most important institution the 
power of which it is susceptible, and to make it available 
for the defence of the Union, at the shortest notice, and 
at the smallest expense possible of time, of life, and of 
treasure, are among the l3enefits to be expected from tha 
persevering deliberations of Congress. 

Among the unequivocal indications of our national pros- 
perity, is the flourishing state of our finances. The reve- 
nues of the present year, from all their principal sources, 



105 

will exceed the anticipations of the last. The balance 
in the treasury on the first of January last, was a little 
short of two millions of dollars, exclusive (»f two millions 
and a half, being a moiety of the loan of five millions, 
authorized by the act of the 26th May, 1824. The re- 
ceipts into the treasury from the first of January to the 30th 
of September, exclusive of the other moiety of the same 
loan, are estimated at sixteen millions five hundred thou- 
sand dollars ; and it is expected that those of the current 
quarter will exceed five millions of dollars; forming an 
aggregate of receipts of nearly twenty-two millions, inde- 
pendent of the loan. The expenditures of the year will 
not exceed that sum more than two millions. By those 
expenditures, nearly eight millions of the principal of the 
public debt have been discharged. More than a million 
and a half has been devoted to the debt of gratitude to the 
warriors of the revolution ; a nearly equal sum to the 
construction of fortifications and the acquisition of 
ordnance, and other permanent preparations of national 
defence ; half a million to the gradual increase of t'he 
navy ; an equal sum for purchases of territory from the 
Indians, and payment of annuities to them; and upwards 
of a million for objects of internal improvement, autho- 
rized by special acts of the last Congress. If we add to 
these, four millions of dollars for payment of interest upon 
the public debt, there remains a sum of about seven mil- 
lions, which have defrayed the whole expense of the ad- 
ministration of government, in its legislative, executive, 
and judiciary departments, including the support of the 
military and naval establishments, and all the occasional 
contingencies of a government co-extensive with the 
Union. 

The amount of duties secured on merchandise import- 
ed, since the commencement of the year, is about twenty- 
five millions and a half; and that which wnll accrue during 
the current quarter, is estimated at five millions and a half; 
from these thirty-one millions, deducting the drawbacks, 
estimated at less than seven millions, a sum exceeding 
twenty-four millions will constitute the revenue of the 
year, and will exceed the whole expenditures of the year. 
The entire amount of the public debt remaining due on 



106 THE TRUE REPUBLICAN. 

ihe first of January next, will be short of eighty-one mil- 
lions of dollars. 

By an act of Congress on the 3d of March last, a loan 
of twelve millions of dollars was authorized at four and 
a half per cent., or an exchange of stock to that amount, 
of four and a half per cent., for a stock of six per cent., 
to create a fund fo- extinguishing an equal amount of the 
public debt, bearing an interest of six per cent., redeema- 
ble in 1826. An account of the measures taken to give 
effect to this act will be laid before you by the Secretary 
of the Treasury. As the object which it had in view has 
been but partially accomplished, it will be for the consi- 
deration of Congress, whether the power with which it 
clothed tlie executive should not be renewed at an early 
day of the present session, and under what modifications. 

The act of Congress of the 3d of March last, directing 
the Secretary of the Treasury to subscribe, in the name 
and for the use of the United States, for one tliousand five 
hundred shares of the capital stock of the Chesapeake and 
Delaware Canal company, has been executed by the ac- 
tual subscription for the amount specified ; and such 
other measures have been adopted by that officer, under 
the act, as the fulfilment of its intentions requires. The 
latest accounts received of this important undertaking, au- 
thorize the belief that it is in successful progress. 

The payments into the treasury from proceeds of the 
sales of the public lands, during the present year, were 
estimated at one million of dollars. The actual receipts 
of the first two quarters have fallen very little short of 
that sum : it is not expected that the second half of the 
year will be equally productive ; but the income of the 
year, from that source, may now be safely estimated at a 
million and a half. The act of Congress of the 18th of 
May, 1824, to provide for the extinguishment of the debt 
due to the United States by the purchasers of publiclands, 
was limited, in its operation of relief to the purchaser, to 
the 10th of April last. Its effect at the end of the quar- 
ter during which it expired, was to reduce that debt from 
ten to seven millions. By the operation of ^iimilar prior 
laws of relief, from and since that of 2d March, 1821, 
the debt had been reduced from upwards of twenty-two 



J. Q. ADAMs' FIRST ANNUAL MESSAGE. 107 

millions to ten. It is exceedingly desirable that it should 
be extinguished altogether; and to facilitate that consum- 
mation, 1 recommend to Congress the revival, for one 
year more, of the act of 18th of May, 1824, with such 
provisional modification as may be necessary to guard the 
public interests against fraudulent practices in the re-sale 
of relinquished land. The purchasers of public lands are 
among the most useful of our fellow-citizens ; and, since 
the system of sales for cash alone has been introduced, 
great indulgence has been justly extended to those who had 
previously purchased upon credit. Tlie debt which had 
been contracted under the credit sales had become un- 
wieldly, and its extinction was alike advantageous to the 
purchaser and the public. Under the system of sales, ma- 
tured as it has been by experience, and adapted to the 
exigencies of the times, the lands will continue, as they 
have become, an abundant source of revenue ; and when 
the pledge of them to the public creditor shall have been 
redeemed, by the entire discharge of the national debt, the 
swelling tide of wealth with which they replenish the com- 
mon treasury, may be made to reflow in unfailing streams 
of improvement, from the Atlantic to the Pacific ocean. 

The condition of the various branches of the public 
service resorting from the Department of War, and their 
administration during the current year, will be exhibited 
m the report of the Secretary of War, and the accompa- 
nying documents, herewith communicated. The organi- 
zation and discipline of the army are erfective and satis- 
factory. To counteract the prevalence of desertion 
among the troops, it has been suggested to withhold from 
the men a small portion of their monthly pay, until the 
period of their discharge ; and some expedient appears to 
be necessary, to preserve and maintain among the officers 
so much of the art of horsemanship as could scarcely fail 
to be found wanting on the possibly sudden eruption of a 
war, which should overtake us unprovided with a single 
corps of cavalry. The Military Academy at West Point, 
under the restrictions of a severe but paternal superinten- 
dence, recommends itself more and more to the patron- 
•age of the nation ; and the number of meritorious offi- 
cers which it forms and introduces to the public ser- 



108 THE TRUE UEPUBLICAN. 

vice, furnishes the means of multiplying the undertaking 
of public improvements, to which their acquirements at 
that institution are peculiarly adapted. The school of 
artillery practice, established at Fortress Monroe, is well 
suited to the same purpose, and may need the aid of fur- 
ther legislative provision to the same end. The reports 
of the various officers at the head of the administrative 
branches of the military service, connected with the quar- 
tering, clothing, subsistence, health and pay of the army, 
exhibit the assiduous vigilance of those officers in the per- 
formance of their respective duties, and the faithful ac- 
countability which has pervaded every part of the system. 

Our relations with the numerous tribes of aboriginal 
natives of this country, scattered over its extensive sur- 
face, and so dependent, even for their existence, upon our 
power, have been during the present year highly interest- 
ing. An act of Congress of the 25th of May, 1824, 
made an appropriation to defray the expenses of making 
treaties of trade and friendship with the Indian tribes be- 
yond the Mississippi. An act of the 3d of March, 1825, 
authorized treaties to be made with the Indians for their 
consent to the making of a road from the frontier of Mis- 
souri to that of New Mexico. And another act, of the 
same date, provided for defraying the expenses of hold- 
ing treaties with the Sioux, Chippewas, Menomonees, 
Sacs, Foxes, &c., for the purpose of establishing boun- 
daries and promoting peace between said tribes. The 
first and the last objects of these acts have been accom- 
plished ; and the second is yet in a process of execution. 
The treaties which, since the last session of Congress, 
have been concluded with the several tribes, will be laid 
before the Senate for their consideration, conformably to 
the constitution. They comprise large and valuable 
acquisitions of territory; and they secure an adjustment 
of boundaries, and give pledges of permanent peace be- 
tween several tribes which had been long waging bloody 
wars against each other. 

On tlie 12th of February last, a treaty was signed at 
the Indian Springs, between commissioners appointed on 
the part of the United States, and certain chiefs and indi- 



1 



J. Q. ADAMs' FIRST ANNUAL MESSAGE. 109 

viduals of the Creek n,ation of Indians, which was re- 
ceived at the seat of government only a very few days be- 
fore the close of the last session of Congress and of the 
late administration. The advice and consent of the Sen- 
ate was given to it on the third of March, too late for it to 
receive the ratification of the thenPresident of the United 
States : it was ratified on the 7th of March, under the 
unsuspecting impression that it had been negotiated in 
good faith and in the confidence inspired by the recom- 
mendation of the Senate. The subsequent transactions in 
relation to this treaty will form the subject of a separate 
communication. 

The appropriations made by Congress for public works, 
as well in the construction of fortifications, as for pur- 
poses of internal improvement, so far as they have been 
expended, have been faithfully applied. Their progress 
has been delayed by the want of suitable offiicers for su- 
perintending them. An increase of both the corps of 
engineers, military and topographical, was recommended 
by my predecessor at the last session of Congress. Tlie 
reasons upon which that recommendation was founded, 
subsist in all their force, and have acquired additional 
urgency since that time. It may also be expedient to 
organize the topographical engineers into a corps similar 
to the present establishment of the corps of engineers. 
The Military Academy at West Point will furnish, from 
the cadets annually graduated there, officers well quali- 
fied for carrying this measure into effect. 

The board of engineers for internal improvement, ap- 
pointed for carrying into execution the act of Congress 
of 30th April, 1824, " to procure the necessary surveys, 
plans and estimates, on the subject of roads and canals," 
have been actively engaged in that service from the close 
of the last session of Congress. They have completed 
the surveys necessary for ascertaining the practicability 
of a canal from the Chesapeake bay to the Ohio river, 
and are preparing a full report on that subject, which 
when completed, will be laid before you. The same ob- 
servation is to be made with regard to the two other ob 
jects of national importance, upon which the board have 
been occupied ; namely, the accomplishment of a nation- 
10 



no THE TRUE RKPUBLICAN. 

al road from this city to New Orleans, and the practica- 
bility of uniting- the waters of Lake Memphremagog with 
Connecticut river, and the improvement of the naviga- 
tion of that river. The surveys have been made, and are 
nearly completed. The report may be expected at an 
early period during the present session of Congress. 

The acts of Congress of the last session, relative to the 
surveying, marking, or laying out roads in the territory 
of Florida, Arkansas, and Michigan, from Missouri to 
Mexico, and for the continuation of the Cumberland road, 
are, some of them, fully executed, and others in the pro- 
cess of execution. Those for completing or commencing 
fortifications, have been delayed only so far as the corps 
of engineers have been inadequate to furnish officers for 
the necessary superintendence of the works. Under the 
act confirming the statutes of Virginia and Maryland, in- 
corporating the Chesapeake and Ohio Canal Company, 
tliree commissioners on the part of the United States have 
been appointed for opening books and receiving subscrip- 
tions, in concert with alike number of commissioners 
appointed on the part of each of those stales. A meet- 
ing of the commissioners has been postponed, to await 
the definitive report of the board of engineers. The light- 
houses and monuments for the safety of our commerce 
and mariners ; the works for the security of Plymouth 
Beach, and for the preservation of the islands in Boston 
harbor, have received the attention required by the laws 
relating to those objects, respectively. The continuation 
of the Cumberland road, the most important of them all, 
after surmounting no inconsiderable difficulty in fixing 
upon the direction of the road, has commenced under 
the most promising auspices, with the improvements of 
recent invention in the mode of construction, and with 
the advantage of a great reduction in the comparative 
cost of the work. 

The operation of the laws relating to the revolutionary 
pensioners may deserve the renewed consideration of 
Congress. The act of the 18th March, 1818, while it 
made provision for many meritorious and indigent citi- 
zens who had served in the war of independence, opened 
a door to numerous abuses and impositions. To remedv 



J. Q. ADAMs' FIRST ANNUAL MESSAGE. Ill 

this, the act of 1st May, 1820, exacted proofs of absolute 
indigence, which many really in want were unable, and 
all, susceptible of that delicacy which is allied to many 
virtues, must be deeply reluctant to give. The result has 
been, that some amongf the least deserving' have been re- 
tained, and some in whom the requisites both of worth and 
want were combined, have been stricken from the list. As 
the numbers of these venerable relics of an age gone by, di- 
minish; as the decays of body, mind and estate, of those 
that survive, must, in the common course of nature, in- 
crease ; should not a more liberal portion of indulgence 
be dealt out to them ? May not the want in most instances 
be inferred from the demand, when the service can be 
duly proved ; and may not the last days of human infirmity 
be spared the mortification of purchasing a pittance of re- 
lief, only by the exposure of its own necessities ? I sub- 
mit to Congress the expediency of providing for individu- 
al cases of this description, by special enactment, or of 
revising the act of the 1st of May, 1820, with a view to 
mitigate the rigor of its exclusions, in favor of persons 
to whom cliarity, now bestowed, can scarcely discharge 
the debt of justice. 

The portion of the naval force of the Union, in actual 
service, has been chiefly employed on three stations : the 
Mediterranean, the coasts of South America bordering 
on the Pacific ocean, and the West Indies. An occasion- 
al cruiser has been sent to range along the African shores 
most polluted by the traffic of slaves ; one armed vessel 
has been stationed on the coast of our eastern boundary, 
to cruise along the fishing grounds in Hudson's Bay, and 
on the coast of Labrador ; and the first service of a new 
frigate has been performed, in restoring to his native soil 
and domestic enjoyments, the veteran hero whose youth- 
ful blood and treasure had freely flowed in the cause of 
our country's independence, and whose whole life has 
been a series of services and sacrifices to the improve- 
ment of his fellow-men. The visit of General Lafayette, 
alike honorable to himself and to our country, closed, as 
it had commenced, with the most affecting testimonials 
of devoted attachment on his part, and of unbounded 
gratitude of this people to him in return. It will form, 



112 THE TRUE REPUBLICAN. 

hereafter, a pleasing incident in the annals of our Union, 
giving to real history the intense interest of romance, 
and signally marking the unpurchasable tribute of a great 
nation's social affections to the disinterested champion of 
the liberties of human kind. 

The constant maintenance of a small squadron in the 
Mediterranean, is a necessary substitute for the humilia- 
ting alternative of paying tribute for the security of our 
commerce in that sea, and for a precarious peace, at the 
mercy of every caprice of four Barbary states, by whom 
it was liable to be violated. An additional motive for 
keeping a respectable force stationed there at this time, 
is found in the maritime war raging between the Greeks 
and the Turks ; and in which the neutral navigation of 
this Union is always in danger of outrage and depreda- 
tion. A few instances have occurred of such depreda- 
tions upon our merchant vessels by privateers or pirates 
wearing the Grecian flag, but without real authority from 
the Greek or any other government. The heroic strug- 
gles of the Greeks themselves, in which our warmest sym- 
pathies as freemen and Christians have been engaged, have 
continued to be maintained with vicissitudes of success 
adverse and favorable. 

Similar motives have rendered expedient the keep- 
ing of a like force on the coasts of Peru and Chili, ob 
the Pacific. The irregular and convulsive character of 
the war upon the shores, has been extended to the con- 
flicts upon the ocean. An active warfare has been kept 
up for years, with alternate success, though generally to 
the advantage of the American patriots. But their naval 
forces have not always been under the control of their 
own governments. Blockades, unjustifiable under any ac- 
knowledged principles of international law, have been 
proclaimed by officers in command ; and though disavow- 
ed by the supreme authorities, the protection of our own 
commerce against them has been made a cause of com- 
plaint and erroneous imputations against some of the most 
gallant ofliicers of our navy. Complaints equally ground- 
less have been made by the commanders of the Spanish 
royal forces in those seas ; but the most effective protec- 
tion to our commerce has been the flaor and the firmness 



J. Q. ADAMS* FIRST ANNUAL MESSAGE. 113 

of our own commanding officers. The cessation of the 
war, by the complete triumph of the patriot cause, has 
removed, it is hoped, all cause of dissention with one 
party, and all vestige of force of the other. But an un- 
settled coast of many degrees of latitude, forming a part 
of our own territory, and a flourishing commerce and fish- 
ery, extending to the islands of the Pacific and to China, 
still require that the protecting power of the Union 
should be displayed under its flag, as well upon the ocean 
as upon the land. 

The objects of the West Indies squadron have been, 
to carry into execution the laws for the suppression of the 
African slave trade ; for the protection of our commerce 
against vessels of piratical character, though bearing 
commissions from either of the belligerent parties ; for 
its protection against open and unequivocal pirates. 
These objects, during the present year, have been ac- 
complished more efl'ectually than at any former period. 
The African slave trade has long been excluded from the 
use of our flag; and if some few citizens of our country 
have continued to set the laws of the Union, as well as 
those of nature and humanity, at defiance, by persevering 
in that abominable traffic, it has been only by sheltering 
themselves under the banners of other nations, less earn- 
est for the total extinction of the trade than ours. The 
irregular privateers have, within the last year, been in a 
great measure banished from those seas ; and the pirates, 
for months past, appear to have been almost entirely 
swept away from the borders and the shores of the two 
Spanish islands in +hose regions. The active, perseve- 
ring, and unremitted energy of Captain Warrington, 
and of the officers and men under his command, on that 
trying and perilous service, have been crowned with sig- 
nal success, and are entitled to the approbation of their 
country. But experience has shown that not even a 
temporary suspension or relaxation from assiduity can be 
indulged on that station without reproducing piracy and 
murder in all their horrors ; nor is it probable that, for 
years to come, our immensely valuable commerce in those 
seas can navigate in security, without the steady contin- 
uanue of an armed force devoted to its protection. 
10* 



114 THE TRUE REPUBLICAN. 

It were indeed a vain and dangerous illusion to believe 
that in the present or probable condition of human socie- 
ty, a commerce so extensive and so rich ab ours could 
exist and be pursued in safety, without the continual sup- 
port of a military marine — the only arm by which the 
power of this confederacy can be estimated or felt by 
foreign nations, and the only standing militaiy force which 
can never be dangerous to our own liberties at home. A 
permanent naval peace establishment, therefore, adapted 
to our present condition, and adaptable to that gigantic 
growth with which the nation is advancing in its career, 
is among the subjects which have already occupied the 
foresight of the last Congress, and which will deserve 
your serious deliberations. Our navy, commenced at an 
early period of our present political organization, upon a 
scale commensurate with the incipient energies, the scan- 
ty resources, and the comparative indigence of our infan- 
cy, was even then found adequate to cope with all tlie 
powers of Barbary, save the first, and with one of the 
principal maritime powers of Europe. 

At a period of further advancement, but with little ac- 
cession of strength, it not only sustained with honor the 
most unequal of conflicts, but covered itself and our coun- 
try with unfading glory. But it is only since the close 
of the late war that, by the numbers and force of the 
ships of which it was composed, it could deserve the 
name of a navy. Yet it retains nearly the same organi- 
zation as when it consisted of only five frigates. The 
rules and regulations by which it is governed earnestly 
call for revision ; and the want of a naval school of in- 
struction, corresponding with the Military Academy at 
West Point, for the formation of scientific and accom- 
plished officers, is felt with daily increasing aggravation. 

The act of Congress of 26th of May, 1824, authori- 
zing an examination and survey of the harbor of Charles- 
ton, in South Carolina, of St. Mary's, in Georgia, and of 
the coast of Florida, and for other purposes, has been 
executed so far as the appropriation would admit. Those 
of the third of March last, authorizing the establish- 
ment of a navy yard and depot on the coast of Florida, 
in the Gulf of Mexico, and authorizing the building of 



J. Q. ADAMS' FIRST ANNUAL MESSAGE. 115 

ten sloops of war, and for other purposes, are in the 
course of execution : for the particulars of which and 
other objects connected with this department, I refer to 
the report of the Secretary of the Navy herewith commu- 
nicated. 

A report from the Postmaster-general is also submit- 
ted, exhibiting the present flourishing condition of that 
department. For the first time for many years, the re- 
ceipts for the year ending on the first of July last, ex- 
ceeded the expenditures during the same period, to the 
amount of more than forty-five thousand dollars. Other 
facts, equally creditable to the administration of this de- 
partment, are, that in two years from the first of July, 
1823, an improvement of more than one hundred and 
eighty-five thousand dollars, in its pecuniary affairs, has 
been realized ; that, in the same interval, the increase of 
the transportation of the mail has exceeded one million 
five hundred thousand miles annually ; and that one thou- 
sand and forty new post-offices have been established. 
It hence appears, that under judicious management, tlie 
income from this establishment may be relied on as fully 
adequate to defray its expenses ; and that, by the discon- 
tinuance of post roads, altogether unproductive, others of 
more useful character may be opened, till the circulation 
of the mail shall keep pace with the spread of our popu- 
lation, and the comforts of friendly correspondence, the 
exchanges of internal traffic, and the lights of the period- 
ical press, shall be distributed to the remotest corners of 
the Union, at a charge scarcely perceptible to any indi- 
vidual, and without the cost of a dollar to the public trea- 
sury. 

Upon this first occasion of addressing the legislature 
of the Union, with which I have been honored, in pre- 
senting to their view the execution, so far as it has been 
effected, of the measures sanctioned by them, for promo- 
ting the internal improvement of our country, I cannot 
close the communication without recommending to their 
calm and persevering consideration the general prin- 
ciple in a more enlarged extent. The great object of 
the institution of civil government is the improvement 
*>f the condition of those who are parties to the social 



116 THE TRUE REPUBLICAN 

compact. And no government, in whatever form con- 
stituted, can accomplish the lawful ends of its mstitution, 
but in proportion as it improves the condition of those 
over whom it is established. Roads and canals, by mul- 
tiplying and facilitating the communications and inter- 
course between distant regions and multitudes of men, 
are among the most important means of improvement. 
But moral, political and intellectual improvement, are 
duties assigned by the Author of our existence, to social, 
no less than to individual man. For the fulfilment of 
those duties, governments are invested with power; and, 
to the attainment of the end, the progressive improve- 
ment of the condition of the governed, the exercise of 
delegated powers is a duty as sacred and indispensable, 
as the usurpation of powers not granted is criminal and 
odious. Among the first, perhaps the very first instru- 
ment for the improvement of the condition of men, is 
knowledge ; and to the acquisition of much of the know- 
ledge adapted to the wants, the comforts, and enjoyments 
of human life, public institutions and seminaries of 
learning are essential. So convinced of this was the 
first of my predecessors in this office, now first in the 
memory as, living, he was first in the hearts of our coun- 
try, that once and again, in his addresses to the Con- 
gresses with whom he co-operated in the public service, 
he earnestly recommended the establishment of seminaries 
of learning, to prepare for all the emergencies of peace 
and war — a national university, and a military academy. 
With respect to the latter, had he lived to the present 
day, in turning his eyes to the institution at West Point, 
he would have enjoyed the gratification of his most ear- 
nest wishes. But, in surveying the city which has been 
honored with his name, he would have seen the spot of 
earth which he had destined and bequeathed to the use 
and benefit of his country as the site for a university, still 
bare and barren. 

In assuming her station among the civilized nations of 
the earth, it would seem that our country had contracted 
the engagement to contribute her share of mind, of labor, 
and of expense, to the improvement of those parts of 
knowledge which lie beyond the reach of individual 



J. Q. ADAMs' FIRST ANNUAL MESSAGE. 117 

acquisition; and particularly to geographical and astro- 
nomical science. Looking back to the history only of 
half the century since the declaration of our indepen- 
dence, and observing the generous emulation with which 
the governments of France, Great Britain, and Russia, 
have devoted the genius, the intelligence, the treasures 
of their respective nations, to the common improvement 
of the species in these branches of science, is it not in- 
cumbent upon us to inquire whether we are not bound 
by obligations of a high and honorable character to con- 
tribute our portion of energy and exertion to the common 
stock? The voyages of discovery prosecuted in the 
course of that time at the expense of those nations, have 
not only redounded to their glory, but to the improvement 
of human knowledge. We have been partakers of that 
improvement, and owe for it a sacred debt, not only of 
gratitude, but of equal and proportional exertiori in the 
same common cause. Of the cost of these undertakings, 
if the mere expenditures of outfit, equipment, and com- 
pletion of the expeditions, were to be considered the 
only charges, it would be unworthy of a great and gene- 
rous nation to take a second thought. One hundred 
expeditions of circumnavigation, like those of Cook and 
La Perouse, would not burden the exchequer of the na- 
tion fitting them out, so much as the ways and means of 
defraying a single campaign in war. But if we take 
into the account the lives of those benefactors of man- 
kind, of which their services in the cause of their species 
were the purchase, how shall the cost of those heroic 
enterprises be estimated ? And what compensation can 
be made to them, or to their countries for them ? Is it 
not by bearing them in affectionate remembrance ? Is it 
not still more by imitating their example? by enabling 
countrymen of our own to pursue the same career, and 
to hazard their lives in the same cause ? 

On inviting the attention of Congress on the subject of 
internal improvements, upon a view thus enlarged, it is 
not my design to recommend the equipment of an expe- 
dition for circumnavigating the globe for purposes of 
scientific research and inquiry. We have objects of 
useful investigation nearer home, and to which our cares 



118 THE TRUE REPUBLICAN. 

may be more beneficially applied. The in\«triOr of our 
own territories has yet been very imperfectiy explored. 
Our coasts, along many degrees of latitude upon tho 
shores of the Pacific ocean, though much irequented by 
our spirited commercial navigators, have been barely 
visited by our public ships. The river of the west, first 
fully discovered and navigated by a countryman of our 
own, still bears the name of the ship in which he as- 
cended its waters, and claims the protection of our armed 
national flag at its mouth. With the establishment of a 
military post there, or at some other point of that coast, 
recommended by my predecessor, and already matured 
in the deliberations of the last Congress, I would suggest 
the expediency of connecting the equipment of a public 
ship for the exploration of the whole north-west coast of 
this continent. 

The establishment of a uniform standard of weights 
and measures, was one of the specific objects contem- 
plated in the formation of our constitution ; and to fix 
that standard was one of the powers delegated by express 
terms, in that instrument, to Congress. The governments 
of Great Britain and France have scarcely ceased to be 
occupied wdth inquiries and speculations on the same 
subject, since the existence of our constitution ; and 
with them it has expanded into profound, laborious, and 
expensive researches into the figure of the earth, and the 
comparative length of the pendulum vibrating seconds in 
various latitudes, from the equator to. the pole. These 
researches have resulted in the composition and publica- 
tion of several works highly interesting to the cause of 
science. The experiments are yet in the process of per- 
formance. Some of them have recently been made on 
our own shores, within the walls of one of our own col- 
leges, and partly by one of our own fellow-citizens. It 
would be honorable to our country if the sequel of the 
same experiments should be countenanced by the patron- 
age of our government, as they have hitherto been by 
those of France and Great Britain. 

Connected with the establishment of a university, or 
separate from it, might be undertaken the erection g. an 
astronomical observatory, with provision for the support 



J. d. ADAMs' FIRST ANNUAL MESSAGE. 119 

of an astronomer, to be in constant attendance of ob- 
servation upon the phenomena of the heavens ; and fo*" 
the periodical publication of his observations. It is with 
no feeling of pride, as an American, that the remark may 
be made, that, on the comparatively small territorial surface 
of Europe, there are existing upwards of one hundred and 
thirty of these light-houses of the skies ; while through- 
out the whole American hemisphere there is not one. 
If we reflect a moment upon the discoveries which, in 
the last four centuries, have been made in the physical 
constitution of the universe, by the means of these build- 
ings, and of observers stationed in them, shall we doubt 
of their usefulness to every nation ? And while scarcely 
a year passes over our heads without bringing some new 
astronomical discovery to light, which we must fain re- 
ceive at second hand from Europe, are we not cutting 
ourselves off from the means of returning light for light, 
while we have neither observatory nor observer upon 
our half of the globe, and the earth revolves in perpetual 
darkness to our unsearching eyes? 

When, on the 25th of October, 1791, the first Presi- 
dent of the United States announced to Congress the re- 
sult of the first enumeration of the inhabitants of this 
Union, he informed them that the returns gave the plea- 
sing assurance that the population of the United States 
bordered on four millions of persons. At the distance 
of thirty years from that time, the last enumeration, five 
years since completed, presented a population bordering 
on ten millions. Perhaps of ail the evidences of a pros- 
perous and happy condition of human society, the rapid- 
ity of the increase ot population is the most unequivo- 
cal. But the demonstration of our prosperity rests not 
alone upon this indication. Our commerce, our wealth, 
and the extent of our territories have increased in corres- 
ponding proportions ; and the number of independent 
communities, associated in our federal Union, has, since 
that time, nearly doubled. The legislative representation 
of the states and people, in the two houses of Congress, 
has grown with the growth of their constituent bodies. 
The House, which then consisted of sixty-five members, 
now numbers upwards of two hundred. The Senate, 



120 THE TRUE REPUBLICAN. 

which consisted of twenty-six members, has now forty- 
eight. But the executive, and still more the judiciary 
departments, are yet in a great measure confined to theii 
primitive organization, and are now not adequate to the 
urgent wants of a still growing community. 

The naval armaments, which at an early period forced 
themselves upon the necessities of the Union, soon led 
to the establishment of a department of the navy. But 
the departments of foreign affairs and of the interior, 
which, early after the formation of the government, had 
been united in one, continue so united to this time to 
the unquestionable detriment of the public service. The 
multiplication of our relations with the nations and go 
vernments of the old world, has kept pace with that of 
our population and commerce, while, within the last ten 
years, a new family of nations, in our own hemisphere, 
has arisen among the inhabitants of the earth, with whom 
our intercourse, commercial and political, would, of it- 
self, furnish occupation to an active and industrious de- 
partment. The constitution of the judiciary, experimen- 
tal and imperfect as it was, even in the infancy of our 
existing government, is yet more inadequate to the admin- 
istration of national justice at our present maturity. Nine 
years have elapsed since a predecessor in this office, now 
not the last, the citizen who perhaps of all others through- 
out the Union, contributed most to the formation and 
establishment of our constitution, in his valedictory ad- 
dress to Congress, immediately preceding his retirement 
from public life, urgently recommended the revision of 
the judiciary, and the establishment of an additional exe- 
cutive department. The exigencies of the public service 
and its unavoidable deficiencies, as now in exercise, have 
added yearly cumulative weight to the considerations pre- 
sented by him as persuasive to the measure ; and in re- 
commending it to your deliberations, I am happy to have 
the influence of his high authority in aid of the undoubt- 
ing convictions of my own experience. 

The laws relating to the administration of the Patent 
Office are deserving of much consideration, and perhaps 
susceptible of some improvement. The grant of power 
to regulate the action of Congress on this subject, has 



J. Q. ADAMS FIRST ANNUAL MESSAGE, 121 

specified both the end to be obtained and the means by 
which it is to be effected, " to promote the progress of 
science and the useful arts, by securing, for limited times, 
to authors and inventors the exclusive right to their re- 
spective writings and discoveries." If an honest pride 
might be indulged in the reflection, that on the records 
of that office are already found inventions, the usefulness 
of which has scarcely been transcended in the annals of 
human ingenuity, would not its exultation be allayed by 
the inquiry, whether the laws have effectively insured to 
the inventors the reward destined to them by the consti- 
tution — even a limited term of exclusive right to their dis- 
coveries ? 

On the 24th of December, 1799, it was resolved by 
Congress, that a marble monument should be erected by 
the United States, in the^capitol, at the city of Washing- 
ton ; that the family of General Washington should be 
requested to permit his body to be deposited under it; and 
that the monument be so designed as to commemorate 
the great events of his military and political life. In re- 
minding Congress of this resolution, and that the monu- 
ment contemplated by it remains yet without execution, 
I shall indulge only the remarks, that the works at the 
capitol,are approaching to completion ; that the consent 
of the family, desired by the resolution, was requested and 
obtained ; that a monument has been recently erected in 
this city, over the remains of another distinguished patriot 
of the revolution; and that a spot has been reserved with- 
in the walls where you are deliberating for the benefit 
of this and future ages, in which the mortal remains may 
be deposited of him whose spirit hovers over you, and 
listens with delight to every act of the representatives of 
his nation which can tend to exalt and adorn his and their 
country. 

The constitution under which you are assembled, is a 
charter of limited powers. After full and solemn delibe- 
ration upon all or any of the objects which, urged by an 
irresistible sense of my own duty, I have recommended 
to your attention, should you come to the conclusion, that, 
however desirable in themselves, the enactment of laws 
for effecting them would transcend the powers committed 



122 THB TRUE REPUBLICAR. 

to you by that venerable instrument which we are all 
bound to support ; let no consideration induce you to as- 
sume the exercise of powers not granted to you by the 
people. But il the power to exercise exclusive legisla- 
tion in all cases v/hatsoever, over the District of Colum- 
bia; if the power to lay and collect taxes, duties, imposts, 
and excises, to pay the debts and provide forthe common 
defence and general welfare of the United States ; if the 
power to regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes ; to 
fix the standard of weights and measures ; to establish 
post-ofhces and post-roads ; to declare war ; to raise and 
support armies ; to provide and maintain a navy ; to dis- 
pose ot and make all needful rules and regulations re- 
specting the territory or other property belonging to the 
United States; and to make all laws which shall be ne- 
cessary and proper for canying these powers into execu* 
tion : if these powers, and others enumerated in the con- 
stitution, may be effectually brouglit into action by laws 
promoting the improvement of agriculture, commerce, 
and manufactures, the cultivation and encouragement of 
the mechanic and of the elegant arts, the advancement 
of literature, and the progress of the sciences, orna- 
mental and profound ; to refrain from exercising them 
forthe benefit of the people themselves, would be to hide 
in the earth the talent committed to our charge — would be 
treachery to the most sacred of trusts. 

The spirit of improvement is abroad upon the earth. 
It stimulates the hearts and sharpens the faculties, not of 
our fellow-citizens alone, but of the nations of Europe, 
and of their rulers. While dwelling with pleasinor satis- 
faction upon the superior excellence of our political in- 
stitutions, let us not be unmindful that liberty is power; 
that the nation blessed with the largest portion of liberty, 
must, in proportion to its numbers, be the most power- 
ful nation upon earth ; and that the tenure of power by 
man is, in the moral purposes of his Creator, upon 
condition that it shall be exercised to ends of beneficence, 
to improve the condition of himself and his fellow-men. 
While foreign nations, less blessed with that freedom 
which is power than ourselves, are advancing with gigan- 



J. Q. ADAMs' FIRST ANNUAL MESSAGE, 123 

tic strides in the career of public improvement; were wc 
to slumber in indolence, or fold up our arms and proclaim 
lo the world that we are palsied by the will of our consti- 
tuents, would it not be to cast away the bounties of Pro- 
vidence, and doom ourselves to perpetual inferiority ? In 
the course of the year now drawing to its close, we have 
beheld, under the auspices and expense of one state in our 
Union, a new university unfolding its portals to the sons 
of science, and holding up the torch of human improve 
ment to eyes that seek the light. We have seen under 
the persevering and enlightened enterprise of another 
state, the waters of our western lakes mingle with those 
of the ocean. If undertakings like these have been ac- 
complished in the compass of a few years, by the autho- 
rity of single members of our confederation, can we, the 
representative authorities of the whole Union, fall behind 
our fellow servants in the exercise of the trust committed 
to us for the benefit of our common sovereign, by the ac- 
complishment of works important to the whole, and to 
which neither the authority nor the resources of any one 
state can be adequate ? 

Finally, fellow-citizens, I shall /ait, with cheering 
hope and faithful co-operation, the resultof your delibera- 
tions ; assured that, without encroaching upon the pow- 
ers reserved to the authorities of the respective states, or 
to the people, you will, with a due sense of your obliga- 
tions to your country, and of the high responsibilities 
weighing upon yourselves, give efficacy to the means com- 
mitted to you for the common good. And may He who 
searches the hearts of the children of men, prosper your 
exertions to secure the blessings of peace and pronwte 
the highest welfare of our country. 



124 THE TRUE REPUBLICAN. 

JACKSON'S INAUGURAL ADDRESS, 

March 4, 1829. 

Fellow Citizens: 

About to undertake the arduous duties that I have been 
appointed to perform, by the choice of a free people, I 
avail myself of this customary and solemn occasion to ex- 
press the gratitude which their confidence inspires, and 
to acknowledge the accountability which my situation en- 
joins. While the magnitude of their interests convinces 
me that no thanks can be adequate to the honor they 
have conferred, it admonishes me that the best return I 
can make, is the zealous dedication of my humble abili- 
ties to their service and their good. 

As the instrument of the federal constitution, it will 
devolve upon me, for a stated period, to execute the laws 
of the United States ; to superintend their foreign and 
confederate relations ; to manage their revenue ; to com- 
mand their forces ; and, by communications to the legis- 
lature, to watch over and to promote their interests gene- 
rally. And the principles of action by which I shall 
endeavor to accomplish this circle of duties, it is now 
proper for me briefly to explain. 

In administering the laws of Congress, I shall keep 
steadily in view the limitations as well as the extent of 
the executive power, trusting thereby to discharge the 
functions of my office, without transcending its authority. 
AVith foreign nations, it will be my study to preserve 
peace, and to cultivate friendship on fair and honorable 
terms ; and in the adjustment of any differences that may 
exist or arise, to exhibit the forbearance becoming a 
powerful nation, rather than the sensibility belonging to 
a gallant people. 

In such measures as I may be called on to pursue, in 
regard to the rights of tlie separate states, I liope to be 
animated by a proper respect for those sovereign members 
of our Union; taking care not to confound the powers 
they have reserved to themselves with those they have 
granted to the confederacy. 




^\WE)^iEW J#\(DB^S®N. 




^^l^i^/L^^^^' 



125 

The management of the public revenue — that search- 
ing operation of all governments — is among the most 
delicate and important trusts in ours ; and it will, of 
course, demand no inconsiderable share of my official 
solicitude. Under every aspect in which it can be con- 
sidered, it would appear that advantage must result from 
the observance of a strict and faithful economy. This I 
shall aim at the more anxiously, both because it will facili- 
tate the extinguishment of the national debt, the unne- 
cessary duration of which is incompatible with real inde- 
pendence, and because it will counteract that tendency 
to public and private profligacy which a profuse expendi- 
ture of money by the government is but too apt to en- 
gender. Powerful auxiliaries to the attainment of this 
desirable end, are to be found in the regulations provided 
by the wisdom of Congress for the specific appropriation 
of public money, and the prompt accountability of pub- 
lic officers. With regard to a proper selection of the 
subjects of impost, with a view to revenue, it would seem 
to me that the spirit of equity, caution, and compromise, 
in which the constitution was formed, requires that the 
great interests of agriculture, commerce and manufac- 
tures, should be equally favored, and that perhaps the only 
exception to this rule should consist in the peculiar en- 
couragement of any products of either of them that may 
be found essential to our national independence. 

Internal improvement and the diffusion of knowledge, 
so far as they can be promoted by the constitutional acts 
of the federal government, are of high importance. 

Considering standing armies as dangerous to free go- 
vernments in time of peace, I shall not seek to enlarge 
our present establishment, nor to disregard that salutary 
lesson of political experience which teaches that the mili- 
tary should be held subordinate to the civil power. The 
gradual increase of our navy, whose flag has displayed, in 
distant climes, our skill in navigation, and our fame in 
arms ; the preservation of our forts, arsenals, and dock- 
yards ; and the introduction of progressive improvements 
in the discipline and science of both branches of our 
military service, are so plainly prescribed by piudence 
that I should be excused for omitting their mention, sooner 
11* 



126 THE TRUE KEPUBLICAN. 

than enlarging on their importance. But the bulwark 
of our defence is the national militia, which, in the pre 
sent state of our intelligence and population, must render 
us invincible. As lonor as our crovernment is administered 
for the good of the people, and is regulated by their will; 
as long as it secures to us the right of person and pro- 
perty, liberty of conscience, and of the press, it will be 
worth defending ; and so long as it is worth defending, a 
patriotic militia will cover it with an impenetrable cegis. 
Partial injuries and occasional mortifications we may be 
subjected to ; but a million of armed freemen, possessed 
of the means of war, can never be conquered by a fo- 
reign foe. To any just system, therefore, calculated to 
strengthen this natural safeguard of the country, I shall 
cheerfully lend all the aid in my power. 

It will be my sincere and constant desire to observe 
towards the Indian tribes within our limits, a just and 
liberal policy ; and to give that humane and considerate 
attention to their rights and their wants, which are con- 
sistent with the habits of our government and the feelings 
of our people. 

The recent demonstration of public sentiment inscribes 
on the list of executive duties, in characters too legible 
to be overlooked, the task of reform ; which will require, 
particularly the correction of those abuses that have 
brought the patronage of the federal government into 
conflict with the freedom of elections, and the counter- 
action of those causes which have disturbed the rightful 
course of appointment, and have placed or continued 
power in unfaithful or incompetent hands. 

In the performance of a task thus generally delineated, 
I shall endeavor to select men whose diligence and talents 
will insure, in their respective stations, able and faithful 
co-operation — depending for the advancement of the pub- 
lic service, more on the integrity and zeal of the public 
officers, than on their numbers. 

A diffidence, perhaps too just, in my own qualifications, 
will teach me to look with reverence to the examples of 
public virtue left by my illustrious predecessors, and with 
veneration to the lights that flow from the mind that found- 
ed and the mind that reformed our system. The same 



127 

diffidence induces me to hope for instruction and aid 
from the co-ordinate branches of the government, and 
for the indulgence and support of my fellow-citizens gene 
rally. And a firm reliance on the goodness of that Pow- 
er whose providence mercifully protected our national 
infancy, and has since upheld our liberties in various 
vicissitudes, encourages me to ofler up my ardent suppli- 
cations that He will continue to make our beloved coun- 
try the object of his divine care and gracious benediction 



JACKSON'S FIRST ANNUAL MESSAGE, 

December 8, 1829. 

Fellow- Citizens of the Senate, 

and House of Representatives : 

It aflbrds me pleasure to tender my friendly greetings 
to you on the occasion of your assembling at the seat of 
government, to enter upon the important duties to which 
you have been called by the voice of our countrymen. 
The task devolves on me, under a provision of the consti- 
tution, to present to you, as the federal legislature of 
twenty-four sovereign states, and twelve millions of happy 
people, a view of our affairs ; and to propose such mea- 
sures as, in the discharge of my official functions, have 
suggested themselves as necessary to promote the objects 
of our Union. 

In communicating with you for the first time, it is to 
me a source of unfeigned satisfaction, calling for mutual 
gratulation and devout thanks to a benign Providence, 
that we are at peace with all mankind ; and that our 
country exhibits the most cheering evidence of general 
welfare and progressive improvement. Turning our eyes 
to other nations, our great desire is to see our brethren 
of the human race secured in the blessings tliey enjoy by 
ourselves, and advancing in knowledge, in freedom, and 
\n social happiness. 



128 THE TRUE REPUBLICAN. 

Our foreign relations, although in their general cha- 
racter pacific and friendly, present subjects of difference 
between us and other powers of deep interest, as well to 
the country at large as to many of our citizens. To ef- 
fect an adjustment of these shall continue to be the ob- 
ject of my earnest endeavors ; and notwithstanding the 
difficulties of the task, 1 do not allow myself to appre- 
hend unfavorable results. Blessed as our country is with 
every thing which constitutes national strength, she is 
fully adequate to the maintenance of all her interests. In 
discharging the responsible trust confided to the executive 
in this respect, it is my settled purpose to ask nothing 
that is not clearly right, and to submit to nothing that is 
wrong ; and I flatter myself, that, supported by the other 
branches of the government, and by the intelligence and 
patriotism of the people, we shall be able, under the pro 
tection of Providence, to cause all our just rights to be 
respected. 

Of the unsettled matters between the United States 
and other powers, the most prominent of those which 
have for years been the subject of negotiation with Eng- 
land, France, and Spain. The late periods at which 
our ministers to those governments left the United States, 
render it impossible, at this early day, to inform you of 
what has been done on the subjects with which they have 
been respectively charged. Relying upon the justice of 
our views in relation to the points committed to negotia- 
tion, and the reciprocal good feeling which characterizes 
our intercourse with those nations, we have the best rea- 
son to hope for a satifactory adjustment of existing dif- 
ferences. 

With Great Britain, alike distinguishefl in peace and 
war, we may look forward to years of peaceful, honora- 
ble, and elevated competition. Every thing in the condi- 
tion and history of the two nations is calculated to inspire 
sentiments of mutual respect, and to carry conviction to 
the minds of both, that it is their policy to preserve the 
most cordial relations. Such are my own views ; audit 
is not to be doubted that such are also tlie prevailing sen- 
iiments of our constituents. Although neither time nor 
opportunity has been afforded for a full development of 



Jackson's first annual message. 12U 

the policy which the present cabinet of Great Britain de- 
signs to pursue towards this country, I indulge the hope 
that it will be of a just and pacific character ; and if this 
anticipation be realized, we may look with confidence to 
a speedy and acceptable adjustment of our affairs. 

Under the convention for regulating the reference to 
arbitration the disputed points of boundary under the 
fifth article of the treaty of Ghent, the proceedings have 
hitherto been conducted in the spirit of candor and libe- 
lality which ought ever to characterize the acts of sove- 
reign states, seeking to adjust, by the most unexception- 
able means, important and delicate subjects of contention. 
The first statements of the parties have been exchanged, 
and the final replication on our part is in a course of pre- 
paration. This subject has received the attention de- 
manded by its great and peculiar importance to a patriotic 
member of this confederacy. The exposition of our 
rights, already made, is such as from the high reputation 
of the commissioners by whom it has been prepared, we 
had a right to expect. Our interests at the court of the 
sovereign who has evinced his friendly disposition, by 
assuming the delicate task of arbitration, have been com- 
mitted to a citizen of the state of Maine, whose charac- 
ter, talents, and intimate acquaintance with the subject, 
eminently qualify him for so responsible a trust. With 
full confidence in the justice of our cause, and in the pro- 
bity, intelligence, and uncompromising independence of 
the illustrious arbitrator, we can have nothing to appre- 
hend from the result. 

From France, our ancient ally, we have a right to ex- 
pect that justice which becomes the sovereign of a pow- 
erful, intelligent, and magnanimous people. The benefi- 
cial effects produced by the commercial convention of 
1822^ limited as are its provisions, are too obvious not to 
make a salutary impression upon the minds of those who 
are charged with the administration of her government. 
Should this result induce a disposition to embrace to their 
full extent the wholesome principles which constitute our 
commercial policy, our minister to that court will be 
found instructed to cherish such a disposition, and to aid 



130 THE TRUE REPUBLICAN. 

in conducting it to useful practical conclusions. Th« 
claims of our citizens for depredations upon tlieir pro- 
perty, long since committed under the authority, and in 
many instances, by the express direction, of the then ex- 
isting government of France, remained unsatisfied; and 
must, therefore, continue, to furnish a subject of unplea- 
sant discussion, and possible collision, between the two 
governments. I cherish, however, a lively hope, founded 
as well on the validity of those claims, and the established 
policy of all enlightened governments, as on the known 
integrity of the French monarch, that the injurious delays 
of ihe past will find redress in the equity of the future. — 
Our minister has been instructed to press these demands 
on the French government with all the earnestness which 
is called for by their importance and irrefutable justice ; 
and in a spirit that will evince the respect which is due 
to the feelinofs of those from whom the satisfaction is re- 
quired. 

Our minister recendy appointed to Spain has been 
authorized to assist in removing evils alike injurious to 
both countries, either by concluding a commercial con- 
vention upon liberal and reciprocal terms; or by urging 
the acceptance, in their full extent, of the mutually bene- 
ficial provisions of our navigation act. He has also been 
instructed to make a further appeal to the justice of Spain, 
in behalf of our citizens, for indemnity for spoliations 
upon our commerce, committed under her authority — an 
appeal which the pacific and liberal course observed on 
our part, and a due confidence in the honor of that go- 
vernment authorized us to expect will not be made in 
vain. 

With other European powers, our intercourse is on the 
most friendly footing. In Russia, placed by her territo- 
rial limits, extensive population, and great power, high in 
the rank of nations, the United States have always found 
a steadfast friend. Although her recent invasions of Tur- 
key awakened a lively sympathy for those who were ex- 
posed to the desolations of war, we cannot but anticipate 
that the result will prove favorable to the cause of civili- 
zation, and to the progress of human happiness. The 
treaty of peace between these powers having been ratified, 



131 

we cannot be insensible to the great benefit to be derived 
by the commerce of the United States from unlocking the 
navigation of the Black Sea— a free passage into which 
is secured to all merchant vessels bound to ports of Rus 
sia under a flag at peace with the Porte. This advan- 
tage, enjoyed upon conditions, by most of the powers ot 
Europe, has hitherto been withheld from us. During 
the past summer, an antecedent but unsuccessful attempt 
to obtain it, was renewed under circumstances which pro- 
mised the most favorable results. Although these results 
have fortunately been thus in part attained, further facili- 
ties to the enjoyment of this new field for the enterprise 
of our citizens are, in my opinion, sufficiently desirable 
to insure to them our most zealous attention. 

Our trade with Austria, although of secondary import 
ance, has been gradually increasing: and is now so ex- 
tended as to deserve the fostering care of the government. 
A negotiation, commenced and nearly completed with 
that power, by the late administration, has been consum- 
mated by a treaty of amity, navigation and commerce, 
which will be laid before the Senate. 

During the recess of Congress, our diplomatic relations 
with Portugal have been resumed. The peculiar state 
of things in that country caused a suspension of the 
recognition of the representative who presented himself, 
until an opportunity was had to obtain from our official 
organ there, information regarding the actual, and, as far 
as practicable, prospective condition of the authority by 
which the representative in question was appointed. This 
information being received, the application of the esta- 
blished mle of our government, in like cases, was no 
longer withheld. 

Considerable advances have been made during the 
present year in the adjustment of claims of our citizens 
upon Denmark for spoliations ; but all that we have a right 
to demand from that government in their behalf has not 
yet been conceded. From the liberal footing, however, 
upon which this subject has, with the approbation of the 
claimants, been placed by the government, together with 
the uniformly just and friendly disposition which has been 
evinced by his Danish majesty, there is a reasonable 



132 THE TRUE REPUBLICAN. 

ground to hope that this single subject of difference will 
speedily be removed. 

Our relations with the Barbary powers continue, as 
they have long been, of the most favorable character. 
The policy O'f keeping an adequate force in the Mediterra- 
nean, as security for the continuance of this tranquillity 
will be persevered in ; as well as a similtir one for the 
protection of our commerce and fisheries in the Pacific. 

The southern republics of our hemisphere have not yet 
realized all the advantages for which they have been so 
long struggling. We trust, however, that the d<i3^ is not- 
distant when the restoration of peace and internal (^uiet, 
under permanent systems of government, securing the 
liberty, and promoting the happiness of the citizens, will 
crown, with complete success, their long and arduous 
efforts in the cause of self-government ; and enable us to 
salute them as friendly rivals in all that is truly great and 
glorious. 

The recent invasion of Mexico, and the effect thereby 
produced upon her domestic policy, must have a control- 
ling influence upon the great question of South Ameri- 
can emancipation. We have seen the fell spirit of civil 
dissension rebuked, and, perhaps, forever stifled in that 
republic by the love of independence. If it be true, as 
appearances strongly indicate, that the sphit of indepen- 
dence is the master spirit ; and if a corresponding senti- 
ment prevails in the other states, this deva ion to liberty 
cannot be without a proper effect upon ths counsels' of 
the mother country. The adoption by Spam of a pacific 
})olicy towards her former colonies — an event consoling 
to humanity, and a blessing to the world, in which she 
herself cannot fail largely to participate — may be most 
reasonably expected. 

The claims of our citizens upon the South American 
governments generally, are in a train of settlement, while- 
the principal part of those upon Brazil have been adjusted; 
and a decree in council, ordering bonds to be issued by 
the minister of the treasury for their amount, has received 
the sanction of his imperial majesty. This event, toge- 
ther with the exchange of the ratifications of the treaty 
negotiated and concluded in 182H, happily terminates all 
serious causes of difference with that power 



JACKSON*S FIRST ANNUAL MESSAGE. 133 

Measures have been taken to place our commercial re- 
lations with Peru upon a better footing than that upon 
which they have hitherto rested ; and it" met by a proper 
disposition on the part of that government, important bene- 
fits may be secured to both countries. 

Dee'ply interested as we are in the prosperity of our 
sister republics ; and more particularly in that of our 
immediate neighbor, it would be most gratifying to me 
were 1 permitted to say, that the treatment which we have 
received at her hands has been as universally friendly, as 
the early and constant solicitude manifested by the United 
States for her success, gave us a right to expect. But it 
becomes my duty to inform you that prejudices long in- 
dulged by a portion of the inhabitants of Mexico against 
the envoy extraordinary and minister plenipotentiary of 
the United States, have had an unfortunate influence upon 
the afTairs of the two countries ; and have diminished that 
usefulness to his own which was justly to be expected 
from his talents and zeal. To this cause in a great de- 
gree is to be imputed the failure of several measures 
equally interesting to both parties ; but particularly that 
of the Mexican government to ratify a treaty negotiated 
and concluded in its own capital, and under its own eye. 
Under these circumstances, it appeared expedient to give 
to Mr. Poinsett the option either to return or not, as in 
his judgment the interest of his country might require, 
and instructions to that end were prepared ; but before 
they could be despatched, a communication was received 
from the government of Mexico, through its charge d'af- 
faires here, requesting the recall of our minister. This 
was promptly complied with ; and a representative of a 
rank corresponding with that of the Mexican diplomatic 
agent near this government was appointed. Our conduct 
towards that republic has been uniformly of the most 
friendly character; and having thus removed the only 
alleged obstacle to harmonious intercourse, I cannot but 
hope that an advantageous change will occur in our affairs. 

In justice to Mr. Poinsett, it is proper to say, that my 
immediate compliance with the application for his recall, 
and the appointment of a successor, are not to be ascri- 
bed to any evidence that the imputation of an improper 



134 THE TRUE REPUBLICAN. 

interference by him, in the local politics of Mexico, was 
well founded ; nor to a want of confidence in his talents 
or integrity ; and to add, that the truth of that charge has 
never been afhniied by the federal government of Mexico, 
in their communications with this. 

I consider it one of the most urgent of my duties to 
bring to your attention the propriety of amending that 
]>art of our constitution which relates to the election of 
President and Vice-President. Our system of govern- 
ment was, by its framers, deemed an experiment ; and 
they, therefore, consistently provided a mode of remedy- 
ing its defects. 

To the people belongs the right of electing their chief 
magistrate ; it was never designed that their choice should, 
in any case, be defeated, either by the intervention of 
electoral colleges, or by the agency confided, under cer- 
tain contingencies, to the House of Representatives. Expe- 
rience proves, that, in proportion as agents to execute the 
will of the people are multiplied, there is danger of their 
wishes being frustrated. Some may be unfaithful; all are 
liable to err. So far, therefore, as tlie people can, with con- 
venience, speak, it is safer for them to express their own 
will. 

The number of aspirants to the presidency, and the 
diversity of the interests which may influence their claims, 
leave little reason to expect a choice in the first instance ; 
and, in that event, the election must devolve on the House 
of Representatives, where, it is obvious, the will of the 
people may not be always ascertained; or, if ascertained, 
may not be regarded. From the mode of voting by states, 
the choice is to be made by twenty-four votes ; and it 
may often occur, that one of those will be controlled by 
an individual representative. Honors and offices are ai 
the disposal of the successful candidate. Repeated bal- 
lottings may make it apparent that a single individual 
Iiolds the cast in liis hand. May he not be tempted to 
name his reward ? But even without corruption — sup- 
posing Ihe probity of the representative to be proof against 
the powerful motives by which it may be assailed — the 
will of the people is still constantly liable to be misrepre- 
sented. One may err from ignorance of the wishes of 
his constituents ; another, from the conviction that it ia 



Jackson's first annual message. 135 

his duty to be governed by his own judgment of the fi'tness 
of the candidates ; finally, although all were inflexibly 
honest — all accurately informed of the wishes of their 
constituents — yet, under the present mode of election, a 
minority may often elect the President; and when this 
happens, it may reasonably be expected that efforts will 
be made on the part of the majority to rectify this injuri- 
ous operation of their institutions. But although no evil 
of this character should result from such a perversion of 
the first principles of our system — that the majority is to 
govern — it must be very certain that a President elected 
by a minority cannot enjoy the confidence necessary to 
the successful discharge of his duties. 

In this, as in all other matters of public concern, policy 
requires that as few impediments as possible should exist 
to the free operation of the public will. Let us then 
endeavor to so amend our system, that the ofhce of chief 
magistrate may not be conferred upon any citizen, but in 
pursuance of a fair expression of the will of the majority. 

I would therefore recommend such an amendment of 
the constitution as may remove all intermediate agency 
in the election of the President and Vice-President. The 
mode may be so regulated as to preserve to each state its 
present relative weight in the election ; and a failure in 
the first attempt may be provided for, by confiding the 
second to a choice between the two highest candidates. 
In connection with such an amendment, it would seem 
advisable to limit the service of the chief magistrate to a 
single term of either four or six years. If, however, it 
should not be adopted, it is worthy of consideration 
whether a provision disqualifying for office, the represen- 
tatives in Congress on whom such an election may have 
devolved, would not be proper. 

While members of Congress can be constitutionally 
apppointed to offices of trust and profit, it will be the 
practice, even under the most conscientious adherence to 
duty, to select them for such stations as they are believed 
to be better qualified to fill than other citizens ; but the 
purity of our government would doubtless be promoted 
by their exclusion from all appointments in the gift of 
the President, in whose election they may have been offi- 



136 THE TRUE REPUBLICAN. 

cially concerned. The nature of the judicial office, and 
the necessity of securing in the cabinet and diplomatic 
stations of the liighest rank, the best talents and political 
experience, should, perhaps, except these from the ex- 
clusion. 

There are perhaps few men who can for any great 
length of time enjoy office and power, without being more 
or less under the influence of feelings unfavorable to the 
faithful discharge of their public duties. Their integrity 
may be proof against improper considerations immedi- 
ately addressed to themselves ; but they are apt to acquire 
a habit of looking with indifference upon the public in- 
terests, and of tolerating conduct from which an unprac- 
tised man would revolt. Office is considered as a species 
of property ; and government rather as a means of pro- 
moting individual interest, than as an instrument created 
solely for the service of the people. Corruption in some, 
and in others a perversion of correct feelings and princi- 
ples, divert government from its legitimate ends, and 
make it an engine for the support of the few at the ex- 
pense of the many. The duties of all public officers are, 
or at least admit of being made so plain and simple that men 
of intelligence may readily qualify themselves for tlieir 
performance ; and I cannot but believe that more is lost 
by the long continuance of men in office than is generally 
to be gained by their experience. I submit therefore to 
your consideration whether the efficiency of the govern- 
ment would not be promoted, and official industry and 
integrity better secured by a general extension of the 
law which limits appointments to four years. 

In a country where offices are created solely for the 
benefit of the people, no one man has any more intrinsic 
right to official station than another. Offices were not 
established to give support to particular men at the pub- 
lic expense. No individual wrong is therefore done by 
removal, since neither appointment to nor continuance in 
office is matter of right. The incumbent became an offi- 
cer with a view to the public benefits ; and when these 
require his removal, they are not to be sacrificed to pri- 
vate interests. It is the people, and they alone, who have 
a right to complain, when a bad officer is substituted for 



Jackson's first annual message. 137 

a good one. He who is removed has the same means of 
obtaining a living that are enjoyed by the millions who 
never held office. The proposed limitation would destroy 
the idea of property, now so generally connected with 
official station ; and although individual distress may be 
sometimes produced, it would, by promoting that rotation 
which constitutes a leading pruiciple in the republican 
creed, give healthful action to the system. 

No very considerable change has occurred during the 
recess of Congress, in the condition of either our agri- 
culture, commerce, or manufactures. The operation of 
the tariff has not pnved so injurious to the two former, 
or as beneficial to the latter, as was anticipated. Importa- 
tions of foreign goods have not been sensibly diminished ; 
while domestic competition, under an illusive excitement, 
has increased the production much beyond the demand 
for home consumption. The consequences have been, 
low prices, temporary embarrassment, and partial loss. 
That such of our manufacturing establishments as are 
based upon capital, and are prudently managed, will sur- 
vive the shock, and be ultimately profitable, there is no 
good reason to doubt. 

To regulate its conduct, so as to promote equally the 
prosperity of these three cardinal interests, is one of the 
most difficult tasks of government; and it may be regret- 
ted that the complicated restrictions which now embarrass 
the intercourse of nations, could not by common consent 
be abolished ; and commerce allowed to flow in those 
channels to which individual enterprise, always its surest 
guide, might direct it. But we must ever expect selfish 
legislation in other nations ; and are therefore compelled 
to adapt our own to their regulations, in the manner best 
calculated to avoid serious injury, and to harmonize the 
conflicting interests of our agriculture, our commerce, and 
our manufactures. Under these impressions, I invite 
your attention to the existing tariff, believing that some 
of its provisions require modification. 

The general rule to be applied in graduating the duties 

upon the articles of foreign growth or manufacture, is 

that which will place our own in fair competition with 

those of other countries : and the inducements to advance 

12* 



138 THE TRUE REPUBLICAN. 

even a step beyond this point, are controlling in regard 
to those articles which are of primary necessity in time 
of war. When we reflect upon the difficulty and delicacy 
of this operation, it is important that it should never be 
attempted but with the utmost caution. Frequent legis- 
lation in regard to any branch of industry, affecting its 
value, and by which its capital may be transferred ^onew 
channels, must always be productive of hazardous specu- 
lation and loss. 

In deliberating, therefore, on these interesting subjects, 
local feelings and prejudices should be merged in the 
patriotic determination to promote the great interests of 
the whole. All the attempts to connect them with the 
party conflicts of the day are necessarily injurious, and 
should be discountenanced. Our action upon them 
should be under the control of higher and purer motives. 
Legislation, subjected to such influence, can never be 
just ; and will not long retain the sanction of the people, 
whose active patriotism is not bounded by sectional lim- 
its, nor insensible to that spirit of concession and for- 
bearance which gave life to our political compact, and 
still sustains it. Discarding all calculations of political 
ascendency, the north, the south, the east, and the west, 
should unite in diminishing any burden, of which either 
may justly complain. 

The agricultural interest of our country is so essen- 
tially connected with every other, and so superior in im- 
portance to them all, that it is scarcely necessary to invite 
to it your particular attention. It is principally as ma- 
nufactures and commerce tend to increase the value of 
agricultural productions, and to extend their application 
to the wants and comforts of society, that they deserve 
the fostering care of government. 

Looking forward to the period, not far distant, when a 
sinking fund will no longer be required, the duties on 
those articles of importation which cannot come in com- 
petition with our own productions, are the first that 
should engage the attention of Congress in the modifica- 
tion of the tariff. Of these, tea and coffee are the most 
prominent; they enter largely into the consumption of 
the country, and have become articles of necessity to all 



Jackson's first annual message. 139 

classes. A reduction, therefore, of the existing duties, 
will be felt as a common benefit; but, like all other legis- 
lation connected with commerce, to be efficacious, and 
not injurious, it should be gradual and certain. 

The public prosperity is evinced in the increased reve- 
nue arising from the sales of public lands ; and in the 
steady maintenance of that produced by imposts and ton- 
nage, notwithstanding the additional duties imposed by 
the act of 19th May, 1828, and the unusual importations 
in the early part of that year. 

The balance in the treasury on the 1st January, 1829, 
was $5,972,435 81. The receipts of the current year 
are estimated at $24,602,230 ; and the expenditures for 
the same time at $26,164,595. Leaving a balance in the 
treasury, on the 1st of January next, of $4,410,070 81. 

There will have been paid on account of the public 
debt during the present year, the sum of $12,405,005 80 ; 
reducing the whole debt of the government on the first 
of Tfanuary next, to $48,565,406 50, including seven 
millions of five per cent, stock subscribed to the Bank 
of the United States. The payment on account of the 
public debt, made on the first of July last, was $8,715,462 
87 cents. It was apprehended that the sudden withdrawal 
of so large a sum from the banks in which it was deposit- 
ed, at a time of unusual pressure in the money market, 
might cause much injury to the interests dependent on 
bank accommodations. But this evil was wholly averted 
by an early anticipation of it at the treasury, aided by the 
judicious arrangements of the officers of the Bank of the 
United States. 

The state of the tinances exhibits the resources of the 
nation in an aspect highly flattering to its industry, and 
auspicious of the ability of the government, in a very 
short time to extinguish the public debt. When this 
shall be done, our population will be relieved from a con- 
siderable portion of its present burdens ; and will find 
not only new motives to patriotic affection, but additional 
means for the display of individual enterprise. The fis- 
cal power of the states will also be increased ; and may 
be more extensively exerted in favor of education and 
other public objects ; while ample means will remain 



140 THE TRUE REPUBLICAN. 

in the federal government to promote the general weal, in 
all the modes permitted to its authority. 

After the extinction of the public debt, it is not proba- 
ble that any adjustment of the tariff, upon principles 
satisfactory to the people of the Union, will, until a re- 
mote period, if ever, leave the government without a 
considerable surplus in the treasury, beyond what may 
be required for its current service. As, then, the period 
approaches when the application of the revenue to pay- 
ment of the debt will cease, the disposition of the sui 
plus will present a subject for the serious deliberation or 
Congress ; and it may be fortunate for the country that 
it is yet to be decided. Considered in connection with 
the difficulties which have heretofore attended appropria- 
tions for purposes of internal improvement, and with those 
which this experience tells us will certainly arise, when- 
ever power over such subjects may be exercised by the 
general government ; it is hoped that it may lead to the 
adoption of some plan which will reconcile the divefsi- 
fied interests of the states, and strengthen the bonds which 
unite them. Every member of the Union, in peace and 
in war, will be benefitted by the improvement of inland 
navigation, and the construction of highways in the seve- 
ral states. Let us then endeavor to attain this benefit in 
a mode that will be satisfactory to all. Tliat hitherto 
adopted has, by many of our fellow-citizens, been depre- 
cated as an infraction of the constitution ; while by others 
it has been viewed as inexpedient. All feel that it has been 
employed at the expense of harmony in the legislative 
councils. 

To avoid these evils, it appears to me that the most 
safe, just, and federal disposition which could be made 
of this surplus revenue, would be its apportionment 
among the several states, according to their ratio of re- 
presentation ; and should this measure not be found war- 
ranted by the constitution, that it would be expedient to 
propose to the states an amendment authorizing it. I 
regard an appeal to the source of power, in all cases of 
real doubt, and where its exercise is deemed advisable to 
the general welfare, as among the most sacred of all our 
obligations. Upon this country, more than any other. 



Jackson's first annual message. 141 

has, in the Providence of God, been cast the special 
ijLiardianship of the great principle of adherence to writ- 
ten constitutions. If it fail here, all hope in regard to it 
will be extinguished. That this was intended to be a 
government of limited and specific, and not general pow- 
ers, must be admitted by all ; and it is our duty to pre- 
serve for it the character intended by its framers. If 
experience points out the necessity for an enlargement 
of these powers, let us apply for it to those for whose 
benefit it is to be exercised ; and not undermine the 
whole system by a resort to overstrained constructions. 
The scheme has worked well. It has exceeded the hopes 
of those who devised it, and become an object of admira- 
tion to the world. We are responsible to our country 
and to the glorious cause of self-government, for the 
preservation of so great a good. The great mass of legis- 
lation relating to our internal affairs, was intended to be 
left where the federal convention found it — in the state 
governments. Nothing is clearer, in my view, than that 
we are chiefly indebted for the success of the constitution 
under which we are now acting, to the watchful and aux- 
iliary operation of the state authorities. This is not the 
reflection of a day, but belongs to the most deeply rooted 
convictions of my mind. I cannot, therefore, too strong- 
ly or too earnestly, for my own sense of its importance, 
warn you against all encroachment upon the legitimate 
sphere of state sovereignty. Sustained by its healthful 
and invigorating influence, the federal system can never 
fall. 

In the collection of the revenue, the long credits au- 
thorized on goods imported from beyond the Cape of 
Good Hope are the chief cause of the losses at present 
sustained. If these were shortened to six, nine, and 
twelve months, and warehouses provided by government, 
sufficient to receive the goods offered in deposite for se- 
curity and for debenture ; and if the right of the United 
States to a priority of payment out of the estates of its 
insolvent debtors was more effectually secured, this evil 
would in a great measure be obviated. An authority to 
construct such houses is, therefore, with the proposed 
alteration of the credits, recommended to your attention. 



142 THE TRUE REPUDLICAN. 

It is worthy of notice, that the laws for the collection 
and security of the revenue arising from imposts, were 
chiefly framed when the rates of duties on imported 
goods presented much less temptation for illicit trade 
than at present exists. There is reason to believe that 
these laws are, in some respects, quite insufficient for the 
proper security of the revenue, and the protection of the 
interests of those who are disposed to observe them. The 
injurious and demoralizing tendency of a successful sys- 
tem of smuggling is so obvious as not to require com- 
ment, and cannot be too carefully guarded against. I 
therefore suggest to Congress the propriety of adopting 
efficient measures to prevent this evil, avoiding, however, 
as much as possible, every unnecessary infringement of 
individual liberty, and embarrassment of fair and lawful 
business. 

On an examination of the records of the treasury, I 
have been forcibly struck with the large amount of pub- 
lic money which appears to be outstanding. Of this sum 
thus due from individuals to the government, a conside- 
rable portion is undoubtedly desperate ; and in many in- 
stances, has probably been rendered so by remissness in 
the agents charged with its collection. By proper exer- 
tions, a great part, however, may yet be recovered ; and 
whatever may be the portions respectively belonging to 
these two classes, it behoves the government to ascertain 
the real state of the fact. This can be done only by the 
prompt adoption of judicious measures for the collection 
of such as may be made available. It is believed that a 
very large amount has been lost through the inadequacy 
of the means provided for the collection of debts due to 
the public ; and that this inadequacy lies chiefly in the 
want of legal skill, habitually and constantly employed 
in the direction of the agents engaged in the service. It 
must, I think, be admitted, that the supervisory power 
over suits brought by the public, which is now vested in 
an accounting officer of the treasury, not selected with a 
view to his legal knowledge, and encumbered as he is 
with numerous other duties, operates unfavorably to the 
public interest. 

It is important that this branch of the public service 



Jackson's first annual message. 143 

should be subject to the supervision of such professional 
skill as will give it efficacy. The expense attendant upon 
such a modification of the executive department, would 
be justified by the soundest principles of economy. I 
would recommend, therefore, that the duties now assigned 
to the agent of the treasury, so far as they relate to the 
superintendence and management of legal proceedings 
on the part of the United States, to be transferred to the 
attorney-general ; and that this officer be placed on the 
same footing in all respects, as the heads of the other 
departments — receiving like compensation, and having 
such subordinate officers provided for his department, as 
may be requisite for the discharge of these additional 
duties. The professional skill of the attorney-general, 
employed in directing the conduct of marshals and dis- 
trict attorneys, would hasten the collection of debts now 
in suit, and hereafter save much to the government. It 
might be further extended to the superintendence of all 
criminal proceedings foroffences against the United States. 
In making this transfer, great care should be taken, how- 
ever, that the power necessary to the treasury depart- 
ment be not impaired ; one of its greatest securities con- 
sisting in a control over all accounts until they are audited 
or reported for suit. 

In connexion with the foregoing views, I would sug- 
gest, also, an inquiry, whether the provisions of the act 
of Congress, authorizing the discharge of the persons of 
debtors to the government from imprisonment, may not, 
consistently with the public interest, be extended to the 
release of the debt, where the conduct of the debtor is 
wholly exempt from ihe imputation of fraud. Some more 
liberal policy than that which now prevails in reference 
to this unfortunate class of citizens is certainly due to 
them, and would prove beneficial to the country. The 
continuance of the liability after the means to discharge 
it had been exhausted, can only serve to dispirit the 
debtor ; or where his resources are but partial, the want 
of power in the government to compromise and release 
the demand, instigates to fraud, as the only resource for 
securing a support to his family. He thus sinks into a 
state of apathy, or becomes a useless drone in society, oi 



144 THE TRUE REPUBLICAN. 

a vicious member of it, if not a feelin/r witness of the ri- 
gor and inhumanity of his country. All experience proves 
that an oppressive debt is the bane of enterprise ; and it 
should be the care of a republic not to exert a grinding 
power over misfortune and poverty. 

Since the last session of Congress, numerous frauds 
en the treasury have been discovered, whieli I thought it 
my duty to bring under the cognizance of the United 
States Court, for this district, by a criminal prosecution. 
It was my opinion, and that of able counsel who were 
consulted, that the cases came within the penalties of the 
act of the 17th Congress, approved 3d March, 1823, pro- 
viding for the punishment of frauds committed on the 
government of the United States. Either from some de- 
fect in the law or in its administration, every effort to bring 
the accused to trial under its provisions proved ineffectu- 
al, and the government was driven to the necessity of 
resorting to the vague and inadequate provisions of the 
common law. It is therefore my duty to call your atten- 
tion to the laws which have been passed for the protection 
of the treasury. If, indeed, there is no provision by 
whicii those who may be unwortliily intrusted with its 
guardianship, can be punished for the most flagrant vio- 
lation of duty, extending even to the most fraudulent 
appropriation of the public funds to their own use, it is 
time to remedy so dangerous an omission. Or, if the 
law has been perverted from its original purposes, and 
criminals deserving to be punished under its provisions, 
have been rescued by legal subtil ties, it ought to be made 
so plain, by amendatory provisions, as to baffle the arts of 
perversion, and accomplish the ends of its original enact- 
ment. 

In one of the most flagrant cases, the court decided 
that the prosecution was barred by the statute which limits 
prosecutions for fraud to two years. In this case all the 
evidences of the fraud, and indeed all knowledge that a 
fraud had been committed, were in the possession of the 
party accused, until after the two years had elapsed. 
Surely the statute ought not to run in favor of any man 
while he retains all the evidences of his crime in his own 
possession ; add least of all, in favor of a public officer 



JACKSON S FIRST ANNUAL MESSAGE. 145 

who continues to defraud the treasury, and conceal the 
transaction for the brief term of two years. I would 
therefore recommend such an alteration of the law as will 
give the injured party and the government two years after 
the disclosure of the fraud, or after the accused is out of 
office, to commence their prosecution. 

In connection with this subject, I invite the attention 
of Congress to a general and minute inquiry into the 
condition of the government; with a view to ascertain 
what offices can be dispensed with, what expenses re- 
trenched, and M'hat improvements may be made in the 
organization of its various parts to secure the proper re- 
sponsibiHty of public agents, and promote efficiency and 
justice in all its operations. 

The report of the Secretary of War will make you 
acquainted with the condition of ouv army, lortifications, 
arsenals, and Indian affairs. The pro-'' discipline of 
the army, the training and equipment c. the militia, the 
education bestowed at West Point, and the accumulation 
of the means of defence, applicable to the naval force, 
will tend to prolong the peace we now enjoy, and which 
every good citizen, more especially those who have felt 
the miseries of even a successful warfare, most ardently 
desire to perpetuate. 

The returns from the subordinate branches of this 
service exhibit a regularity and order highly creditable 
to its character: both officers and soldiers seem imbued 
with a proper sense of duty, and conform to the restraints 
of exact discipline with that cheerfulness which becomes 
tlie profession of arms. There is need, however, of fur- 
ther legislation to obviate the inconveniences specified 
in the report under consideration ; to some of which it 
is proper that I should call your particular attention. 

The act of Congiess of the 2d March, 1821, to reduce 
and fix the military establishment, remaining unexecuted 
as it regards the command of one of the regiments of 
artillery, cannot now be deemed a guide to the executive 
in making the proper appointment. An explanatory act, 
designating the class of officers out of which this grade 
is to be filled — whether from the military list, as existing 
prior to the act of 1821, or from it, as it has been fixed 
13 



146 THE TRUE REPUBLICAN. 

by that act — would remove this difficulty. It is also irn* 
portant that the laws regulating the pay and emoluments 
of the ofhcers generally, should be more specific tlian 
they now are. Tliose, for example, in relation to the 
paymaster and surgeon-general, assign to them an annual 
salary of $2,500 ; but are silent as to allowances which, 
in certain exigencies of the service, may be deemed in- 
dispensable to the discharge of their duties. .This cir- 
cumstance has been the authority for extending to them 
various allowances at different times under former admi- 
lustrations ; but no uniform rule has been observed on 
the subject. Similar inconveniences exist in other cases, 
in which the construction put upon the laws by the pub- 
lic accountants may operate unequally, produce confu- 
jjion, and expose officers to the odium of claiming what 
is not their due. 

I recommend to your fostering care, as one of our 
safest means of national defence, the Military Academy. 
This institution has already exercised the happiest intlu- 
ence upon the moral and intellectual character of our 
army ; and such of the graduates as, from various causes, 
may not pursue the profession of arms, will be scarcely 
less useful as citizens. Their knowledge of the mili- 
tary art will be advantageously employed in the militia 
service ; and in a measure secure to that class of troops 
the advantages which in this respect belong to standing 
armies. 

I would also suggest a review of the pension law, foi 
the purpose of extending its benefits to every revolution- 
ary soldier who aided in establishing our liberties, and 
who is unable to maintain himself in comfort. Those 
relics of the war of independence have strong claims upon 
their country's gratitude and bounty. The law is de- 
fective in not embracing within its provisions all those 
who were during the last war disabled from supporting 
themselves by manual labor. Such an amendment would 
add but little to the amount of pensions, and is called for 
by the sympathies of the people, as well as by considera- 
tions of sound policy. It will be perceived that a large 
addition to the list of pensioners has been occasioned by 
an order of the late administration, departing materially 



j/.<:j:si;.\'H rii:sT annual message. 147 

from tlio rules wliicli had previously prevailed. Consider- 
iijg it an act of legislation, I suspended its operation as 
soon as I was informed that it had commenced. Before 
this period, however, applications under the new regula- 
tion had heen preferred, to the number of one hundred 
and fifty-four: of which, on the 27th March, the date 
of its revocation, eighty-seven were admitted. For the 
amount there was neither estimate nor appropriation ; 
and besides this deficiency, the regular allowances, ac- 
cording to the rules which have heretofore governed the 
department, exceed the estimate of its late secretary, by 
about fifty thousand dollars, for which an appropriation is 
asked. 

Your particular attention is requested to that part of 
the report of the Secretary of War which relates to the 
money held in trust for the Seneca tribe of Indians. It 
will be perceived that, without legislative aid, the execu- 
tive cannot obviate the embarrassments occasioned by 
the diminution of the dividends on that fund, which ori- 
ginally amounted to $100,000, and has recently been 
vested in the United States three per cent, stock. 

The condition and ulterior destiny of the Indian tribes 
within the limits of some of our states, have become ob- 
jects of much int^st and importance. It has long been 
the policy of government to introduce among them the 
arts of civilization, in the hope of gradually reclaiming 
them from a wandering life. This policy has, however, 
been coupled with another wholly incompatible with its 
success. Professing a desire to civilize and settle them, 
we have at the same time lost no opportunity to purchase 
their lands, and thrust them further into the wilderness. 
I3y this means they have not only been kept in a wander- 
ing state, but been led to look upon us as unjust and in- 
different to their fate. Thus, though lavish in expendi- 
tures upon the subject, government has constantly defeat- 
ed its own policy; and the Indians, in general, rece- 
ding further and further to the west, have retained their 
savage habits. A portion, however, of the southern 
tribes, having mingled much with the whites, and made 
some progress in the arts of civilized life, have lately at- 
tempted to erect an independent government within the 



148 THE TRUE REPUBLICAN. 

limits of Georgia and Alabama. These states, claiming 
to be the only sovereigns within their territories, extend- 
ed their laws over the Indians ; which induced the latter 
to call upon the United States for protection. 

Under these circumstances, the question presented was, 
whether the general government had a right to sustain 
those people in their pretensions. The constitution de- 
clares, that '* no new state shall be formed or erected 
within the jurisdiction of any other state," without the 
consent of its legislature. If the general government is 
not permitted to tolerate the erection of a confederate 
state within the territory of one of the members of this 
Union, against her consent, much less could it allow a 
foreign and independent government to establish itself 
there. Georgia became a member of the confederacy 
which eventuated in our federal union, as a sovereign 
state, always asserting her claim to certain limits ; which 
having been originally defined in her colonial charter, and 
subsequently recognized in the treaty of peace, she has 
ever since continued to enjoy, except as they have been 
circumscribed by her own voluntary transfer of a portion 
of her territory to the United States, in the articles of 
cession of 1802. Alabama was admitted into the Union 
on the same footing with the original states, with boun- 
daries which were prescribed by Congress. There is no 
constitutional, conventional, or legal provision, which 
allows them less power over the Indians within their bor- 
ders, than is possessed by Maine or New York. Would 
the people of Maine permit the Penobscot tribe to erect an 
independent government within their state? and unless 
they did, would it not be the duty of the general govern- 
ment to support them in resisting such a measure? 
Would the people of New York permit each remnant of 
ihe Six Nations within her borders, to declare itself an 
independent people under the protection of the United 
States? Could the Indians establish a separate republic 
in each of their reservations in Ohio ? and if they were 
so disposed, would it be the duty of this government to 
protect them in the attempt? If the principle involved 
in the obvious answer to these questions be abandoned, 
it will follow that the objects of this government are . ^ 



FIRST AXNUAL MESSAGE. 149 

versed; and that it has become a part of its duty to aid 
in destroying the states which it was established to pro- 
tect. 

Actuated by this view of the subject, I informed the 
Indians inhabiting parts of Georgia and Alabama, that 
their attempt to establish an independent government 
would not be countenanced by the executive of the Uni- 
ted States ; and advised them to emigrate beyond the 
Mississippi, or submit to the laws of those states. 

Our conduct towards these people is deeply interesting 
to our national character. Their present condition, con- 
trasted with what they once were, makes a most powerful 
appeal to our sympathies. Our ancestors found them the 
uncontrolled possessors of these vast regions. By per- 
suasion and force they have been made to retire from 
river to river, and from mountain to mountain, until some 
of the tribes have become extinct, and others have left 
but remnants, to preserve, for a while, their once terrible 
names. Surrounded by the whites, with their arts of ci- 
vilization, which, by destroying the resources of the sa- 
vage, doom him to weakness and decay ; the fate of the 
Mohegan, the Narragansett, and the Delaware, is fast 
overtaking the Choctaw, the Cherokee, and the Creek. 
That this fate surely awaits them if they remain within 
the limits of the states, does not admit of a doubt. Hu- 
manity and national honor demand that every effort 
should be made to avert so great a calamity. It is too 
late to inquire whether it was just in the United States to 
include them and their territory within the bounds of new 
states whose limits they could control. That step can- 
not be retraced. A state cannot be dismembered by 
Congress, or restricted in the exercise of her constitu 
tional power. But the people of those states, and of 
every state, actuated by feelings of justice and a regard 
for our national honor, submit to you the interesting 
question, whether something cannot be done, consistently 
with the rights of the states, to preserve this much inju- 
red race. 

As a means of effecting this end, I suggest for your 
consideration the propriety of setting apart an ample dis- 
trict west of the Mississippi, and without the limits of 
13* 



150 THE TRUE REPUBLICAN. 

any state or territory now formed, to be guaranteed to the 
Indian tribes, as long as tliey shall occupy it; eatih tribe 
having a distinct control over the portion designated for 
its use. There they may be secured in the enjoyment of 
governments of their own choice, subject to no oiJier con- 
trol from the United States than such as may be neces- 
sary to preserve peace on the frontier, and between tne 
several tribes. There the benevolent may endeavor to 
teach them the arts of civilization; and, by promotmg 
union Tind harmony among them, to raise up an interest- 
ing commonwealth, destined to perpetuate the race, and 
to attest the humanity and justice of this government. 

This emigration should be voluntary ; for it would be 
as cruel as unjust to compel the aborigines to abandon the 
graves of their fathers, and seek a home in a distant land. 
But they should be distinctly informed that, if they re- 
main within the limits of the states, they must be subject 
to their laws. In return for their obedience as indiviciu- 
als, they will, without doubt, be protected in the enjoy- 
ment of those possessions which they have improved by 
their industry. But it seems to me visionary to suppose, 
that in this state of things, claims can be allowed on 
tracts of country on which they have neither dwelt nor 
made improvements, merely because they have seen them 
from the mountain, or passed them in the chase. Sub- 
mitting' to the laws of the states, and receiving, like 
other citizens, protection in their persons, and property, 
they will ere long become merged in the mass of our 
population. 

The accompanying report of the Secretary of the Navy 
will make you acquainted with the condition and useful 
employment of that branch of our service during the 
present year. Constituting, as it does, the best stand- 
ing security of this country against foreign aggression, it 
claims the especial attention of government. In this 
spirit, the measures which, since the termination of the 
last war, have been in operation for its gradual enlarge- 
ment were adopted ; and it should continue to be che- 
rished as the offspring of our national experience. It 
will be seen, however, that notwithstanding the great so- 
licitude which has been manifested for the perfect orga- 



Jackson's first annual message. 151 

nization of this arm, and the liberality of the appropria- 
tions which that solicitude has suggested, this object has 
in many important respects, not been secured. 

In time of peace we have need of no more ships of 
war than aie requisite to the protection of our commerce 
Those not wanted for this object, must lay in the harbors^ 
where, without proper covering, they rapidly decay ; and 
even under the best precautions for their preservation, 
must soon become useless. SucJi is already the case with 
many of our finest vessels ; which, though unfinished, will 
now require immense sums of money to be restored to 
the condition in which they were when committed to their 
proper element. On this subject there can be little doubt 
that our best policy would be to discontinue the building 
of the first and second class, and look rather to the pos- 
session of ample materials, prepared for the emergencies 
of war, than to the number of vessels which we can float 
in a season of peace, as the index of our naval power. 
Judicious deposites in the navy-yards, of timber and other 
materials, fashioned under the hands of skilful workmen, 
and fitted for prompt application to their various purposes, 
would enable us, at all times, to construct vessels as fast 
as they can be manned ; and save the heavy expense of 
repairs, except to such vessels as must be employed in 
guarding our commerce. The proper points for the esta- 
blishments of these yards are indicated with so much 
force in the report of the Navy Board, that, in recom- 
mending it to your attention, I deem it unnecessary to do 
more than express my hearty concurrence in their views. 
The yard in this district, being already furnished with 
most of the machinery necessary for ship building, will 
be competent to the supply of the two selected by the 
board as the best for the concentration of materials ; and 
from the facility and certainty of communication between 
them, it will be useless to incur, at those depots, the ex- 
pense of similar machinery, especially that used in pre- 
paring the usual metallic and wooden furniture of vessels. 

Another improvement would be effected by dispensing 
altogether with the Navy Board, as now constituted, and 
substituting in its stead, bureaus similar to those already 
existing in the War department. Each member of the 



Ift2 



TIIK IIII'K ur.iTr.i.irAN. 



l)o:ir(l, tran.^frrn'd to iUr luMtl ol" a Hcparalc hmriui chari^i'd 
Willi sptM-ilic (liilio.M, would ('«m'I, in ilM liiolicMl. drorrc, tlial 
w lu>l('Hoii)(i rcMpoiiMihilily which raniiot. h(^ (hviih'd wilhoui 
a far iiioro pro|)ortioi)ai() (htiiiiiiitioii of its loivo. 'I'hcir 
vahiahlt* scrviccM woidd hcconid hiill moro «o when scpt- 
lalcly appropriated to (hHtiiiot portions of tho ^rn^at inte- 
ri'sts of iht» navy ; to llic pro.^pcrity of wliich each wouhl 
l)p impeded to dovolo hiiuself hy the wtroii^est inoliveH. 
Unthu- Niieh an arraii|;<'inent, <'very hraiieh of this iiiipor* 
lani weivi«*e would aMsunie a more Hiiiiph? and prj'eiwo 
eharaeter: its ellieieney would he inereased, and serupu- 
lous economy in th(> expenditure ol" puhlie money pro- 
moted. 

I would also reeommend that the marine corps ho 
merged in the artili«"ry, or infantry, as the Ix^st mode of 
curinn the many defeclM in its or^ani/ation. Hut liltio 
exceeding in numher any of the re^^imenlM of infantry, 
that corps has, Ix-sides its lieutenant-colonel commandant, 
liv(» hrevet lieulenant-cohinels, who receiv(> the fidl pay 
and emohnnenls of their hrevet rank, witlujul renderinjr 
])roportionale service. Details for marines H('rvico could 
as well h(^ madi* from the artdh'ry or iid'anlry — tluM'O Ixmu^' 
no peculiar traininji^ recpisite for it. 

With lhesi> improvenuMilH, and such others as zealous 
watchfulness ami mature consideration may sufjjrest, there 
can he little douht that, iiiuler an ener^nMic administration 
of its all'airs, the navy may soon he made every thiuij; that 
tlie nation wishes it to be. Its tdliciiMiey in the suppres- 
sion of piracy in the West India h(nis, and wherever its 
squadrons have l)t>en emj)loyed in securiufj^ the interests 
of the country, will appear iVom tlui report of the secre- 
tary to which 1 refer you, for otlu'r int(>rj'stinfr details. 
Amon^- these I would hespeaU the attention of I'ont^resH 
from the views presented in ridation to the ineciuality 
between the arniy and navy as to the pay of olllcers. 
l\o such inecjuality should prevail between these; bravo 
defenders of their country ; aiul where it does t^xist, it is 
Mubmilted to Congress whether it ou<.'ht not ti) be recti* 
fied. 

The report of the I'ostmaster-j^eiuMal is referred to ai* 
f^xhibiting u highly satisfactory administration of tlia 



JA(JK«ON H FIUKT ANNf/AL yi EHHAdK. 1 O.'J 

(lr;parlrnont. AI;tJHr;H liavo f)f;f;n rciornnA ; iiicrcaKorl ox- 
pedilioii in the trariHportalion oi ifn; mail Kr;ciiro(J ; and 
itH rovoriur; inucJi improvf^J. In a political [)r)int of vif;\v 
ihiH (Icparlinfint in chiefly irnjiorlant an aflordinf^ thr; iiur.uiH 
ol' (JiHusin^ krjowlc<lL^(;. It in to the hody jjolitic whaV, 
the V(,'iiiM and artrjricH are to tlie rjatiiral — eonvcyir!/.^ ra- 
pidly and ref.^ularly to iIk; reriKjlest partH <d" tlie Hyf^.teni, 
correct inrornialion of the operation** of the ^^overnnienl ; 
and hrin^nnj( hack to it tfi<; winhcH and fcfdin^H of the 
people. 'J'hroii^h itH agency, we have necured to our- 
selvcH tlie lull enjoyrnr.'nt of tlie blcHHingB of" a free preH«. 

In thin general «urvey of our aHairn, a Huhject of hii.^h 
importance prenentH itself in the prcHent organization (>( 
the j-.jdiciary. A. uni(r)rrn oj>eration of the federal go- 
vernment in the diffrjrent KtatCM \h eertairdy dcKirahle; 
and exiHting aH lliey do in the Union, on the haniM of per- 
fect equality, each Htate haH a right to expect that the 
benefitH conferred on the citizenn of otherH Khould he ex- 
tended to hern. The judicial 8yKt(;m of the United States 
exiHtH in all itH efhcifjncy in only i'lllccu meniher* o( the 
Union : to three otherw, the circuit courtH, whi(di connti- 
tule an important part of that HyKtem, hav(; been imper- 
fectly extended; and to the remaining six, altogether de- 
nied. 'I'he effect haw been to withhold from the inhahi- 
tantH of the latter, the advantagen afforded fhy the Hupreme 
courtj to their fellow-citizenn in other Hlates, in the whfde 
extent of the criminal, and much of the civil authority of 
tlie federal judiciary. 'I'hat thin Htate of thirigM ought irj 
he remedied, if it can he done consintently witli the pub- 
lic welfare, in not to be floubted : neither m it to be dis- 
guined tliat the organization of our judicial nyHtern i« 
at once a difficult and deli^-ate tank. To extend the 
circuit courtH equally throughout the different partM of 
the Union, and at the name time, to avoid fuch a mul- 
tiplication of membern aH would encumfjcr thr; Huprerne 
appellate tribunal, in the object dcHired. PerfiajiH it 
might be accompliwhed by dividing the circuit jiidgen into 
two claHHCH, and [)roviding that the supreme court nhould 
be held by thone cla«8eH alternately — ih'e chief juHtice 
alwayH prcHiding. 

If an extension of the circuit court HyKtem to tho«e 



154 THE TUUE REPUBLICAN. 

States which do not now enjoy its benefits should be de- 
termined upon, it would of course be necessary to revise 
the present arrangements of the circuits ; and even if that 
system should not be enlarged, such a revision is recom- 
mended. 

A provision for taking the census of the people of the 
United States will, to insure the completion of that work 
within a convenient time, claim the early attention of 
Congress. 

The great and constant increase of business in the De- 
partment of State forced itself, at an early period, upon 
the attention of the executive. Thirteen years a^o, it 
was in Mr. Madison's last message to Congress maoe the 
subject of an earnest recommendation, which has bet^n re- 
peated by both of his successors ; and my comparatively 
limited experience has satisfied me of its justness. It 
has arisen from many causes, not the least of w«iich is 
the large addition that has been made to the family of in- 
dependent nations, and the proportionate extension of our 
foreign relations. The remedy proposed was tne esta- 
blishment of a Home Department — a measure whxch does 
not appear to have met the views of Congress, on account 
of its supposed tendency to increase gradually, and im- 
perceptibly, the already too strong bias of the federal 
system towards the exercise of authority not delegated to 
it. I am not, therefore, disposed to revive the recommen- 
dation ; but am not the less impressed with the impor- 
tance of so organizing that department, that its secretary 
may devote more of his time to our foreign lelations. 
Clearly satisfied that the public good would be promoted 
by some suitable provision on the subject, I respectfully 
invite your attention to it. 

The charter of the Bank of the United States expires 
in 1836, and its stockholders will most probably apply for 
a renewal of their privileges. In order to avoid the evils 
resulting from precipitancy in a measure involving such 
important principles, and such deep pecuniary interests, 
I feel that I cannot, in justice to the parties interested, 
too soon present it to the deliberate consideration of the 
legislature and the people. Both the constitutionality and 
the expediency of the law creating this bank are well 



Jackson's first annual .message. 155 

questioned by a large portion of our fellow-citizens ; ana 
it must be admitted by all, that it has failed in the great 
end of establishing a uniform and sound currency. 

Under these circumstances, if such an institution is 
deemed essential to the fiscal operations of the govern- 
ment, I submit to the wisdom of the legislature whether 
a national one, founded upon the credit of the govern- 
ment and its revenues, might not be devised, which would 
avoid all constitutional difficulties ; and at the same time, 
secure all the advantages to the government and country 
that were expected to result from the present bank. 

I cannot close this communication without bringing to 
your view the just claim of the representatives of Com- 
modore Decatur, his officers and crew, arising from the 
re-capture of the frigate Philadelphia, under the heavy 
batteries of Tripoli. Although sensible, as a general rule, 
of the impropriety of executive interference under a gov- 
ernment like ours, where every individual enjoys the 
light of directly petitioning Congress ; yet viewing this 
case as one of very peculiar character, I deem it my duty 
to recommend it to your favorable consideration. Be- 
sides the justice of this claim, as corresponding to those 
which have been since recognized and satisfied, it is the 
fruit of a deed of patriotic and chivalrous daring, which 
infused life and confidence into our infant navy, and con- 
tributed, as much as any exploit in its history, to elevate 
our national character. Public gratitude, therefore, 
stamps her seal upon it; and the meed should not be 
withheld which may hereafter operate as a stimulus to 
our gallant tars. 

I now commend you, fellow-citizens, to the guidance 
of Almighty Cxod, with a full reliance on his merciful 
providence for the maintenance of our free institutions ; 
and with an earnest supplication, that whatever errors it 
may be my lot to commit, in discharging the arduous du 
ties which have devolved on me, will find a remedy in 
the harmony and wisdom of your counsels. 



156 THE TRUE REPUBLICAN. 



JACKSON'S FAREWELL ADDRESS. 

Fellow Citizens: 

Being about to retire finally from public life, I beg leave 
to offer you my grateful thanks for the many proofs of 
kindness and confidence which I have received at your 
hands. It has been my fortune, in tlie discharge of public 
duties, civil and military, frequently to have found myself 
in difficult and trying situations, where prompt decision 
and energetic action were necessary, and wliere the inte- 
rests of the country required that high responsibilities 
should be fearlessly encountered ; and it is with the deep- 
est emotions of s^ratitude that I acknowledge the continued 
and unbroken confidence with which you have sustained 
me in every trial. My public life has been a long one, 
and I cannot hope that it has at all times been free from 
errors. 

But I have the consolation of knowing that if mistakes 
have been committed, they have not seriously injured the 
country I so Anxiously endeavored to serve ; and at the 
moment when I surrender my last public trust, 1 leave this 
great people prosperous and happy; in the full enjoyment 
of liberty and peace ; and honored and respected by every 
nation of the world. 

If my humble efforts have, in any degree, contributed 
to preserve to you these blessings, I have been more than 
rewarded by tlie honor you have heaped upon me ; and, 
above all, by the generous confidence with which you 
have supported me in every peril, and with which you 
have continued to animate and cheer my path to the 
closing hour of my political life. The time has now come, 
when advanced age and a broken frame warn me to re- 
tire from public concerns ; but the recollection of the 
many favors you have bestowed upon me is engraven 
upon my heart, and I have felt that I could not part from 
your service without making this public acknowledgment 
of the gratitude I owe you. And if I use tlie occasion to 
offer to you the counsels of age and experience, you will, 
I trust, receive them with the same indulgent kindness 
which you have so often extended to me ; and will, at least, 



Jackson's farewell address. 157 

see in them an earnest desire to perpetuate, in this favor- 
ed land, the blessings of liberty and equal laws. 

We have now lived almost fifty years under the consti- 
tution framed by the sages and patriots of the revolution. 
The conflicts in which the nations of Europe were en- 
gaged during a great part of this period ; the spirit in 
which they waged war with each other; and our intimate 
commercial connections with every part of the civilized 
world, rendered it a time of much difficulty for the go- 
vernment of the United States. We have had our sea- 
sons of peace and of war, with all the evils which precede 
or follow a state of hostility with powerful nations. We 
encountered these trials with our constitution yet in its 
infancy, and under the disadvantages which a new and 
untried government must always feel when it is called to 
put forth its whole strength, without the lights of expe- 
rience to guide it, or the weight of precedent to justify its 
measures. But we have passed triumphantly through all 
these difficulties. Our constitution is no longer a doubtful 
experiment ; and at the end of nearly half a century, we 
find that it has preserved unimpaired the liberties of the 
people, secured the rights of property, and that our coun- 
try has improved, and is flourishing beyond any former 
example in the history of nations. 

In our domestic concerns, there is every thing to en- 
courage us; and if you are true to yourselves, nothing 
can impede your march to the highest point of national 
prosperity. The states which had so long been retarded 
in their improvement, by the Indian tribes residing in the 
midst of them, are at length relieved from the evil ; and 
this unhappy race — the original dwellers in our land — are 
now placed in a situation where we may well hope that 
they will share in the blessings of civilization, and be 
saved from that degradation and destruction to which they 
were rapidly hastening while they remained in the states ; 
and while the safety and comfort of -our own citizens 
have been greatly promoted by their removal, the philan- 
thropist will rejoice that the remnant of that ill-fated race 
has been at length placed beyond the reach of injury or 
oppression, and that the paternal care of the general 
14 



158 THE TRUE REPUBLICAN. 

government will hereafter watch over them and protect 
them. 

If we turn to our relations with foreign powers, we 
find our condition equally gratifying. Actuated by the 
sincere desire to do justice to every nation, and to pre- 
serve the blessing of peace, our intercourse with them 
lias been conducted on the part of this government in 
the spirit of frankness, and I take pleasure in saying that 
it has generally been met in a corresponding temper. 
Difficulties of old standing have been surmounted by 
friendly discussion and the mutual desire to be just; and 
the claims of our citizens, which had been long withheld, 
have at length been acknowledged and adjusted, and satis- 
factory arrangements made for their final payment ; and 
with a limited, and, 1 trust, a temporary exception, our 
relations with every foreign power are now of the most 
friendly character, our commerce continually expanding, 
and our flag respected in every quarter of the world. 

These cheering and grateful prospects, and these mul- 
tiplied favors, we owe, under Providence, to the adoption 
of the federal constitution. It is no longer a question 
whether this great country can remain happily united, and 
flourish under our present form of government. Expe- 
rience, the unerring test of all human undertakings, has 
shown the wisdom and foresight of those who framed it ; 
and has proved, that in the union of these states there is 
a sure foundation for the brightest hopes of freedom, and 
for the happiness of the people. At every hazard, and 
by every sacrifice, this union must be preserved. 

The necessity of watching with jealous anxiety for the 
preservation of the union, was earnestly pressed upon his 
iellow-citizens by the father of his country, in his fare- 
well address. He has there told us, that " while expe- 
rience shall not have demonstrated its impracticability, 
there will always be reason to distrust the patriotism of 
those who, in any quarter, may endeavor to weaken its 
bonds;" and he has cautioned us in the strongest terms 
against the formation of parties, on geographical discri- 
minations, as one of the means which might disturb our 
union, and to which designing men would be likely to 
resort. 



159 

The lessons contained in this invaluable legacy of 
Washington to his countrymen, should be cherished in 
the heart of every citizen to the latest generation ; and, 
perhaps, at no period of time could they be more usefully 
remembered than at the present moment. For when we 
look upon the scenes that are passing around us, and 
dwell upon the pages of his parting address, his paternal 
counsels would seem to be not merely the offspring of 
wisdom and foresight, but the voice of prophecy foretell- 
ing events, and warning us of the evil lo come. Forty 
years have passed since this imperishable document was 
given to his countrymen. The federal constitution was 
then regarded by him as an experiment, and he so speaks 
of it in his address ; but an experiment upon the success 
of which the best hopes of his country depended, and we 
all know that he was prepared to lay down his life, if 
necessary, to secure to it a full and fair trial. The trial 
has been made. It has succeeded beyond the proudest 
hopes of those who framed it. Every quarter of this 
widely extended nation has felt its blessings, and shared 
in the general prosperity produced by its adoption. But 
amid this general prosperity and splendid success, the 
dangers of which he warned us are becoming every day 
more evident, and the signs of evil are sufficiently appa- 
rent to awaken the deepest anxiety in the bosom of the 
patriot. We behold systematic efforts publicly made to 
sow the seeds of discord between different parts of the 
United States, and to place party divisions directly upon 
geographical distinctions ; to excite the south against the 
north, and the north against the south, and to force into 
the controversy the most delicate and excited topics upon 
which it is impossible that a large portion of the Union 
can ever speak without strong emotions. Appeals, too, 
are constantly made to sectional interests, in order to in- 
fluence the election of the chief magistrate, as if it were 
desired that he should favor a particular quarter of the 
country, instead of fulfilling the duties of his station with 
impartial justice to all ; and the possible dissolution of the 
Union has at length become an ordinary and familiar 
subject of discussion. Has the warning voice of Wash 
ington been forgotten ? or have designs already beea 



160 THE TRUE REPUBLICAN. 

formed to sever the Union ? Let it not be supposed that 
I impute to all of those who have taken an active part iu 
these unwise and unprofitable discussions a want of patri- 
otism or of public virtue. The honorable feeling of state 
pride and local attachments, find a place in the bosoms 
of the most enlightened and pure. But while such men 
are conscious of iheir own integrity and honesty of pur- 
pose, they ought never to forget that the citizens of other 
states are their political brethren ; and that, however mis- 
taken they may be in their views, the great body of thorn 
are equally honest and upright with themselves. Mutual 
suspicions and reproaches may in time create mutual 
hostility, and artful and designing men will always be 
found, who are ready to foment these fatal divisions, and 
to inflame the natural jealousies of different sections of 
the country. The history of the world is full of such 
examples, and especially the history of republics. 

What have you to gain by division and dissention ? 
Delude not yourselves with the belief that a breach once 
made may be afterwards repaired. If the Union is once 
severed, the line of separation will grow wider and wider, 
and the controversies which are now debated and settled 
in the halls of legislation, will then be tried in fields of 
battle, and be determined by the sword. Neither should 
you deceive yourselves with the hope, that the first line 
of separation would be the permanent one, and that no- 
thing but harmony and concord would be found in the 
new associations, formed upon the dissolution of this 
Union. Local interests would still be found there, and 
unchastened ambitiour And if the recollection of com- 
mon dangers, in which the people of these United States 
stood side by side against the common foe ; the memory 
of victories won by their united valor ; the prosperity and 
happiness they have enjoyed under the present constitu- 
tion ; the proud name they bear as citizens of this great 
republic ; if these recollections and proofs of common 
interest are not strong enough to bind us together as one 
people, what tie will hold this Union dissevered ? The 
first line of separation would not last for a single genera- 
tion ; new fragments would be torn off : new leaders would 
spring up *, and this great and glorious republic would soon 



161 

be broken into a multitude of petty states ; armed for 
mutual aggressions ; loaded with taxes to pay armies and 
leaders ; seeking aid against each other from foreign pow- 
ers ; insulted and trampled upon by the nations of Eu- 
rope, until harassed with conflicts, and humbled and de- 
based in spirit, they would be ready to submit to the 
absolute dominion of any military adventurer, and to sur- 
render their liberty for the sake of repose. It is impossi- 
ble to look on the consequences that would inevitably 
follow the destruction of this government, and not feel 
indignant when we hear cold calculations about the value 
of the Union, and have so constantly before us a line of 
conduct so well calculated to weaken its ties. 

There is too much at stake to allow pride or passion 
to influence your decision. Never for a moment believe 
that the great body of the citizens of any state or states 
can deliberately intend to do wrong. They may, under 
the influence of temporary excitement or misguided opi- 
nions, commit mistakes ; they may be misled for a time 
by the suggestions of self-interest ; but in a community 
so enlightened and patriotic as the people of the United 
States, argument will soon make them sensible of their 
errors ; and when convinced, they will be ready to repair 
them. If they have no higher or better motives to govern 
them, they will at least perceive that their own interest 
requires them to be just to others as they hope to receive 
justice at their hands. 

But in order to maintain the Union unimpaired, it is 
absolutely necessary that the laws passed by the constitu- 
ted authorities should be faithfully executed in every part 
of the country, and that every good citizen should, at all 
times, stand ready to put down, with the combined force 
of the nation, every attempt at unlawful resistance, under 
whatever pretext it may be made, or whatever shape it 
may assume. Unconstitutional or oppressive laws may 
no doubt be passed by Congress, either from erroneous 
views or the want of due consideration ; if they are within 
reach of judicial authority, the remedy is easy and peace- 
ful ; and if, from the character of the law, it is an abuse 
of power not within the control of the judiciary, then free 
discussion and calm appeals to reason and to the justice 
14* 



162 THE TRUE REPUBLICAN. 

of the people, will not fail to redress the wrong. But 
until the law shall be declared void by the courts, or re- 
pealed by Congress, no individual or combination of indi- 
viduals, can be justified in forcibly resisting its execution. 
It is impossible that any government can continue to ex- 
ist upon any other principles. It would cease to be a 
government, and be unworthy of the name, if it had not the 
power to enforce the execution of its own laws within its 
own sphere of action. 

It is true that cases may be imagined disclosing such a 
settled purpose of usurpation and oppression, on the part 
of the government, as would justify an appeal to arms. 
These, however, are extreme cases, which we have no 
reason to apprehend in a government where the power is 
in the hands of a patriotic people ; and no citizen who 
loves his country, would in any case whatever resort to 
forcible resistance, unless he clearly saw that the time had 
come when a freeman should prefer death to submission; 
for if such a struggle is once begun, and the citizens of 
one section of the country, arrayed in arms against those 
of another, in doubtful conflict, let the battle result as it 
may, there will be an end of the Union,and withit anend 
of the hopes of freedom. The victory of the injured 
would not secure to them the blessings of liberty ; it 
would avenge their wrongs, but they would themselves 
share in the common ruin. 

But the constitution cannot be maintained, nor the 
Union preserved, in opposition to public feeling, by the 
mere exertion of the coercive powers confided to the 
general government. The foundations must be laid in 
the affections of the people ; in the security it gives to 
life, liberty, character, and property, in every quarter of 
the country ; and in the fraternal attachments which the 
citizens of the several states bear to one another, as mem- 
bers of one political family, mutually contributing to pro- 
mote the happiness of each other. Hence the citizens of 
every state should studiously avoid every thing calculated 
to wound the sensibility or offend the just pride of the 
people of other states ; and they should frown upon any 
proceedings within their own borders likely to disturb the 
tranquillity of their political brethren in other portions of 



JACKSON S FAREWELL ADDRESS. 163 

the Union. In a country so extensive as the United 
States, and with pursuits so varied, the internal regula- 
tions of the several states must frequently differ from one 
another in important particulars ; and this difference is un- 
avoidably increased by the varying principles upon which 
the American colonies were originally planted ; princi- 
ples which had taken deep root in their social relations 
before the revolution, and therefore, of necessity, influen- 
cing their policy since they became free and independent 
states. But each state has the unquestionable right to 
regulate its own internal concerns according to its 
own pleasure; and while it does not interfere with the 
rights of the people of other states, or the rights of the 
Union, every state must be the sole judge of that measure 
proper to secure the safety of its citizens and promote 
their happiness ; and all efforts on the part of the people 
of other states to cast odium upon their institutions, and 
all measures calculated to disturb their rights of property, 
or to put in jeopardy their peace and internal tranquillity, 
are in direct opposition to the spirit in which the Union 
was formed, and must endanger its safety. Motives of 
philanthropy may be assigned for this unwarrantable in- 
terference ; and weak men may persuade themselves for 
a moment that they are laboring in the cause of humanity, 
and asserting the rights of the human race ; but every 
one, upon sober reflection, will see that nothing but mis- 
chief can come from these improper assaults upon the feel- 
ings and rights of others. Rest assured, that the men 
found busy in this work of discord are not worthy of your 
confidence, and deserve your strongest reprobation. 

In the legislation of Congress, also, and in every mea- 
sure of the general government, justice to every portion 
of the United States should be faithfully observed. No 
free government can stand without virtue in the people, 
and a lofty spirit of patriotism; and if the sordid feelings 
of mere selfishness shall usurp the place which ought to 
be filled by public spirit, the legislation of Congress will 
soon be converted into a scramble for personal and sec- 
tional advantages. Under our free institutions the citi- 
zens in every quarter of our country are capable of attain- 
ing a high degree of prosperity and happiness, without 



164 THE TRUE REPUBLICAN. 

seeking to profit themselves at the expense of others ; and 
every such attempt must in the end fail to succeed, for 
the people in every part of the United States are too en- 
lightened not to understand their own rights and interests, 
and to detect and defeat every effort to gain undue advan- 
tages over them ; and when such designs are discovered 
it naturally provokes resentments which cannot be always 
allayed. Justice, full and ample justice, to every portion 
of the United States, should be the ruling principle of 
every freeman, and should guide the deliberations of 
every public body, whether it be state or national. 

It is well known that there have always been those 
among us who wish to enlarge the powers of the general 
government ; and experience would seem to indicate that 
there is a tendency on the part of this government to 
overstep the boundaries marked out for it by the consti- 
tution. Its legitimate authority is abundantly sufficient 
for all the purposes for which it is created ; and its pow- 
ers being expressly enumerated, there can be no justifica- 
tion for claiming any thing beyond them. Every attempt 
to exercise power beyond these limits should be promptly 
and firmly opposed. For one evil example will lead to 
other measures still more mischievous ; and if the prin- 
ciple of constructive powers, or supposed advantages, or 
temporary circumstances, shall ever be permitted to jus' 
tify the assumption of a power not given by the constitu- 
tion, the general government will before long absorb all the 
powers of legislation, and you will have in effect, but one 
consolidated government. From the extent of our coun- 
try, its diversified interests, different pursuits, and diffe- 
rent habits, it is too obvious for argument that a single 
consolidated government would be wholly inadequate to 
watch over and protect its interests ; and every friend of 
our free institutions should be always prepared to main- 
tain unimpaired and in full vigor the rights and sove- 
reignty of the states, and to confine the action of the 
general government strictly to the sphere of its appropri 
ate duties. 

There is, perhaps, no one of the powers conferred on 
the federal government so liable to abuse as the taxing 
power. The most productive and convenient sources of 



JACKSON S FAREWELL ADDRESS. 165 

rcvonae were necessarily given to it, that it might perform 
the important duties imposed upon it; and the taxes 
which it lays upon commerce being concealed from the 
real payer in the price of the article, they do not so rea- 
dily attract the attention of the people as smaller sums 
demanded from them directly by the tax-gatherer. But 
the tax imposed on goods, enhances by so much the price 
of the commodity to the consumer ; and as many of these 
duties are imposed on articles of necessity which are 
daily used by the great body of the people, the money 
raised by these imposts is drawn from their pockets. Con- 
gress has no right under the constitution to take money 
from the people unless it is required to execute some one 
of the specific powers intrusted to the government : and 
if they raise more than is necessary for such purposes, 
it is an abuse of the power of taxation, and unjust and 
oppressive. It may indeed happen that the revenue 
will sometimes exceed the amount anticipated when the 
taxes were laid. When, however, this is ascertained, it 
is easy to reduce them ; and, in such a case, it is unques- 
tionably the duty of the government to reduce them, for 
no circumstances can justify it in assuming a power not 
given to it by the constitution, nor in taking away the 
money of the people when it is not needed for the legiti- 
mate wants of the government. 

Plain as these principles appear to be, you will find 
that there is a constant effort to induce the general go- 
vernment to go beyond the limits of its taxing power, and 
to impose unnecessary burdens upon the people. Many 
powerful interests are continually at work to procure heavy 
duties on commerce, and to swell the revenue beyond 
the real necessities of the public service; and the country 
has already felt the injurious effects of their combined in- 
fluence. They succeeded in obtaining a taritT of duties 
bearing most oppressively on the agricultural and laboring 
classes of society, and producing a revenue that could 
not be usefully employed within the range of the powers 
conferred upon Congress; and, in order to fasten upon 
the people this unjust and unequal system of taxation, 
extravagant schemes of internal improvement were got up, 
in various quarters, to squander the money and to pur- 



166 THE TRUE REPUBLICAN. 

chase support. Thus, one unconstitutional measure was 
intended to be upheld by another, and the abuse of the 
power of taxation was to be maintained by usurping the 
power of expending the money in internal improvements. 
You cannot have forgotten the severe and doubtful strug- 
gle through which we passed, when the executive depart- 
ment of the government, by its veto, endeavored to arrest 
this prodigal scheme of injustice, and to bring back the 
legislation of Congress to the boundaries prescribed by 
the constitution. The good sense and practical judgment 
of the people, when the subject was brought before them, 
sustained the course of the executive ; and this plan of 
unconstitutional expenditure for the purposes of corrupt 
influence is, I trust, finally overthrown. 

The result of this decision has been felt in the rapid 
extinguishment of the public debt, and the large accumu- 
lation of a surplus in the treasury, notwithstanding the 
tariff was reduced, and is now far below the amount ori- 
ginally contemplated by its advocates. But, rely upon it, 
the design to collect an extravagant revenue, and to bur- 
den you with taxes beyond the economical wants of the 
government is not yet abandoned. The various interests 
which have combined together to impose a heavy tariff, 
and to produce an overflowing treasury, are too strong, 
and have too much at stake, to surrender the contest. 
The corporations and wealthy individuals who are en- 
gaged in large manufacturing establishments, desire a high 
tariff to increase their gains. Designing politicians will 
support it to conciliate their favor, and to obtain the 
means of profuse expenditure, for the purpose of purcha- 
sing influence in other quarters ; and since the people 
have decided that the federal government cannot be per- 
mitted to employ its income in internal improvements, 
efforts will be made to seduce and mislead the citizens 
of the several states by holding out to them the deceitful 
prospect of benefits to be derived from a surplus revenue 
collected by the general government, and annually divi- 
ded among the states. And if encouraged by these falla- 
cious hopes, the states should disregard the principles of 
economy which ought to characterize every republican 
government, and should indulge in lavish expenditures 



Jackson's farewell address. 167 

exceeding their resources, they will, before long, find 
themselves oppressed with debts which they are unable 
to pay, and the temptation will become irresistible to sup- 
port a high tariff", in order to obtain a surplus distribution 
Do not allow yourselves, my fellow-citizens, to be mis- 
led on this subject. The federal government cannot col- 
lect a surplus for such purposes, without violating the 
principles of the constitution, and assuming powers which 
have not been granted. It is, moreover, a system of in- 
justice, and, if persisted in, will inevitably lead to cor- 
ruption and must end in ruin. The surplus revenue will 
be drawn from the pockets of the people — from the far- 
mer, the mechanic, and the laboring classes of society ; 
but who will receive it when distributed among the states, 
where it is to be disposed of by leading politicians who 
have friends to favor, and political partisans to gratify ? 
It will certainly not be returned to those who paid it, 
and who have most need of it, and are honestly entitled 
to it. There is but one safe rule, and that is, to confine 
the general government rigidly within the sphere of its 
appropriate duties. It has no power to raise a revenue, 
or impose taxes, except for the purposes enumerated in 
the constitution; and if its income is found to exceed these 
wants, it should be forthwith reduced, and the burdens of 
the people so far lightened. 

In reviewing the conflicts which have taken place be- 
tween different interests in the United States, and the 
policy pursued since the adoption of our present form of 
government, we find nothing that has produced such 
deep-seated evil as the course of legislation in relation to 
the currency. The constitution of the United States un- 
questionably intended to secure the people a circulating 
medium of gold and silver. But the establishment of a 
national bank by Congress, with the privilege of issuing 
paper money receivable in the payment of the public dues, 
and the unfortunate course of legislation in the several 
states upon the same subject, drove from general circula- 
tion the constitutional currency, and substituted one of 
paper in its place. 

It was not easy for men engaged in the ordinary pur- 
suits of business, whose attention had not been partiru- 



168 THE TRUE REPUBLICAN. 

larly drawn to the subject, to foresee all the consequences 
of a currency exclusively of paper : and we ought not, 
on that account, to be surprised at the facility with which 
laws were obtained to carry into effect the paper system 
Honest, and even enlightened men are sometimes misled 
by the specious and plausible statements of the designing. 
But experience has now proved the miscliiefs and dangers 
of a paper currency, and it rests with you to determine 
whether the proper remedy shall be applied. 

The paper system being founded on public confidence, 
and having of itself no intrinsic value, it is liable to 
great and sudden fluctuations ; thereby rendering pro 
perty insecure, and the wages of labor unsteady and 
uncertain. The corporations which create the paper 
money cannot be relied upon to keep the circulating 
medium uniform in amount. In times of prosperity, 
Avhen confidence is high, they are tempted, by the pros- 
pect of gain, or by the influence of those who hope to 
profit by it, to extend their issues of paper beyond the 
bounds of discretion and the reasonable demands of 
business. And when these issues have been pushed on, 
from day to day, until public confidence is at length 
shaken, then a reaction takes place, and they immedi- 
ately withdraw the credits they have given ; suddenly 
curtail their issues ; and produce an unexpected and 
ruinous contraction of the circulating medium, which is 
felt by the whole community. The banks, by this means, 
save themselves, and the mischievous consequences of 
their imprudence or cupidity are visited upon the public. 
Nor does the evil stop here. These ebbs and flows in 
the currency, and these indiscreet extensions of credit, 
naturally engender a spirit of speculation injurious to the 
habits and character of the people. We have already 
seen its effects in the wild spirit of speculation in the 
public lands, and various kinds of stocks, which within 
the last year or two, seized upon such a multitude of our 
citizens, and threatened to pervade all classes of society, 
and to withdraw their attention from the sober pursuits 
of honest industry. It is not by encouraging this spirit 
that we shall best preserve public virtue, and promote 
the true interests of our country. But if your currency 



Jackson's farewell address. 169 

continues as exclusively paper as it now is, it will foster 
this eager desire to amass wealth without labor ; it will 
multiply the number of dependents on bank accommo- 
dations and bank favors ; the temptations to obtain money 
at any sacrifice will become stronger and stronger, and 
inevitably lead to corruption, which will find its way into 
your public councils, and destroy, at no distant day, the 
purity of your government. Some of the evils which 
arise from this system of paper, press with peculiar hard- 
ship upon the class of society least able to bear it. A 
portion of this currency frequently becomes depreciated 
or worthless, and all of it is easily counterfeited, in such 
a manner as to require peculiar skill and much experience 
to distinguish the counterfeit from the genuine notes. 

These frauds are most generally perpetrated in the 
smaller notes, which are used in the daily transactions of 
ordinary business ; and the losses occasioned by them 
are commonly thrown upon the laboring classes of society, 
whose situation and pursuits put it out of their power 
to guard themselves from these impositions, and whose 
daily wages are necessary for their subsistence. It is the 
duty of every government so to regulate its currency, as 
to protect this numerous class as far as practicable from 
the impositions of avarice and fraud. It is more espe- 
cially the duty of the United States, where the govern- 
ment is emphatically the government of the people, and 
where this respectable portion of our citizens are so 
proudly distinguished from the laboring classes of all 
other nations, by their independent spirit, their love of 
liberty, their intelligence, and their high tone of moral 
character. Their industry in peace, is the source of our 
wealth ; and tht.x bravery in war, has covered us with 
glory, and the government of the United States will but 
ill discharge its duties, if it leaves them a prey to such 
dishonest impositions. Yet it is evident that their interests 
cannot be effectually protected, unless silver and gold are 
restored to circulation. 

These views alone, of the paper currency, are sufficient 
10 call for immediate reform ; but there is another consi- 
deration which should still more strongly press it upon 
your attention. 
15 



170 THE TRUE REPUBLICAN. 



Recent events have proved that the paper money sys- 
tem of this country, may be used as an engine to under- 
mine your free institutions ; and that those who desire to 
engross all power in the hands of the few, and to govern 
by'^corruption or force, are aware of its power, and pre- 
pared to employ it. Your banks now furnish your only 
circulating medium, and money is plenty or scarce, ac- 
cording to the quantity of notes issued by them. While 
they have capitals not greatly disproportioned to each 
other, they are competitors in business, and no one of 
them can exercise dominion over the rest; and although, 
in the present state of the currency, these banks may 
and do operate injuriously upon the habits of business, 
the pecuniary concerns, and the moral tone of society ; 
yet, from their number and dispersed situation, they can- 
not combine for the purposes of political influence ; and 
whatever may be the dispositions of some of them, their 
power of michief must necessarily be confined to a 
narrow space, and felt only in their immediate neigh- 
borhood. TT • J 
But when the charter for the Bank of the United 
States was obtained from Congress, it perfected the 
schemes of the paper system, and gave its advocates the 
position they have struggled to obtain, from the com- 
mencement of the federal government down to the pre- 
sent hour. The immense capital, the peculiar privileges 
bestowed upon it, enabled it to exercise despotic sway 
over the other banks in every part of the country. From 
its superior strength, it could seriously injure, if not de- 
stroy the business of any one of them which might incur 
its resentment: and it openly claimed for itself the power 
of regulating the currency throughout the United States. 
In other words, it asserted (and undoubtedly possessed) 
the power to make money plenty or scarce, at its pleasure, 
at any time, and in any quarter of the Union by con- 
trolling the issues of other banks, and permitting an 
expansion, or compelling a general contraction, of the 
circulating medium, according to its own will. The 
other banking institutions were sensible of, its strength, 
and they soon generally became its obedient instruments, 
ready at all times, to execute its mandates ; and with the 



JACKSON S FAREWELL ADDRESS. 171 

banks nenessarily went also that numerous class of per- 
sons in our commercial cities, who depend altogether on 
bank credits for their solvency and means of business ; 
and who are, therefore, obliged, for their own safety, to 
propitiate the favor of the money power by distinguished 
zeal and devotion in its service. The result of the ill- 
advised legislation which established this great monopoly 
was to concentrate the whole moneyed power of the 
Union, with its boundless means of corruption, and its 
numerous dependents, under the direction and command 
of one acknowledged head ; thus organizing this particu- 
lar interest as one body, and securing to it unity and 
concert of action throughout the United States, and ena- 
bling it to bring forward, upon any occasion, its entire 
and undivided strength to support or defeat any measure 
of the government. In the hands of this formidable 
power, thus perfectly organized, was also placed unlimited 
dominion over the amount of the circulating medium, 
giving it the power to regulate the value of property and 
the fruit of labor in every quarter of the Union; and to 
bestow prosperity, or bring ruin upon any city or section 
of the country, as might best comport with its own inte- 
rest or policy. 

We are not left to conjecture how the moneyed power, 
thus organized, and with such a weapon in its hands, 
would be likely to use it. The distress and alarm which 
pervaded and agitated the whole country, when the Bank 
of the United States waged war upon the people, in order 
to compel them to submit to its demands, cannot yet be 
forgotten. The ruthless and unsparing temper with which 
whole cities and communities were oppressed, individu- 
als impoverished and ruined, and a scene of cheerful 
prosperity suddenly changed into one of gloom and 
despondency, ought to be indelibly impressed on the 
memory of the people of the United States, If such 
was its power in a time of peace, what would it not have 
been in a season of war, with an enemy at your doors ? 
No nation but the freemen of the United States could 
have come out victorious from such a contest ; yet, if you 
had not conquered, the government would have passed 
'"rom the hands of the many to the hands of the few; 



172 THE TRUE REPUBLICAN. 

and this organized money power, from its secret con 
clave, would have dictated the choice of your highest 
officers, and compelled you to make peace or war, as best 
suited their own wishes. The forms of your govern- 
ment might, for a time, have remained ; but its living 
spirit would have departed from it. 

The distress and sufferings inflicted on the people by 
the bank, are some of the fruits of that system of policy 
which is continually striving to enlarge tlie authority of 
the federal government beyond the limits fixed by the 
constitution. The powers enumerated in that instru- 
ment do not -confer on Congress the right to establish 
such a corporation as the Bank of the United States ; 
and the evil consequences which followed may warn us 
of the danger of departing from the true rule of con- 
struction, and of permitting temporary circumstances, or 
the hope of better promoting the public welfare, to influ- 
ence in any degree our decision upon the extent of the 
authority of the general government. Let us abide by 
the constitution as it is written, or amend it in the con- 
stitutional mode if it is found defective. 

The severe lessons of experience will, I doubt not, be 
sufficient to prevent Congress from again chartering 
such a monopoly, even if the constitution did not pre- 
sent an insuperable objection to it. But you must re- 
member, my fellow-citizens, that eternal vigilance by the 
people is the price of liberty ; and that you must pay the 
pri.ce if you wish to secure the blessing. It behoves 
you, therefore, to be watchful in your states, as well as 
in the federal government. The power which the mo- 
neyed interest can exercise, when concentrated under a 
single head and with our present system of currency, 
was sufficiently demonstrated in the struggle made by the 
United States Bank. Defeated in the general govern- 
ment, the same class of intriguers and politicians will 
now resort to the states, and endeavor to obtain there the 
same organization, which they failed to perpetuate in 
the Union ; and with specious and deceitful plans of pub- 
lic advantages, and state interests, and state pride, they 
will endeavor to establish, in the different states, one 
moneyed institution with overgrown capital, and exclu- 



JACKSON S FAREWELL ADDRESS. 173 

she privileges sufficient to enable it to control the ope- 
rations of other banks. Such an institution will be 
pregnant with the same evils prockiced by the Bank of 
the United States, although its sphere of action is more 
confined ; and in the state in which it is chartered, the 
money power will be able to embody its whole strength, 
and to move together with undivided force, to accomplish 
any object it may wish to attain. You have already had 
abundant evidence of its powers to inflict injury upon the 
agricultural, mechanical, and laboring classes of society ; 
and over those whose engagements in trade or specula- 
tion render them dependent on bank facilities, the domi- 
nion of the state monopoly will be absolute, and their 
obedience unlimited. With such a bank and a paper 
currency, the money power would in a few years govern 
the state and control its measures ; and if a sufficient 
number of states can be induced to create such estab- 
lishments, the time will soon come when it will again take 
the field against the United States, and succeed in per- 
fecting and perpetuating its organization by a charter 
from Congress. 

It is one of the serious evils of our present system of 
banking that it enables one class of society — and that by 
no means a numerous one — by its control over the cur- 
rency, to act injuriously upon the interests of all the 
others, and to exercise more than its just proportion of 
influence in political affairs. The agricultural, the me- 
chanical, and the laboring classes, have litde or no share 
in the direction of the great moneyed corporations ; and 
from their habits and the nature of their pursuits, they 
are incapable of forming extensive combinations to act 
together with united force. Such concert of action may 
sometimes be produced in a single city, or in a small dis- 
trict of country, by means of personal communications 
with each other; but they have no regular or active cor- 
respondence with those who are engaged in similar pur- 
suits in distant places ; they have but little patronage to 
give to the press, and exercise but a small share of influ- 
ence over it ; they have no crowd of dependents about 
them, who hope to grow rich without labor, by their 
countenance and favor, and who are, therefore, always 
15* 



174 THE TRUE REPUBLICAN. 

ready to execute their wishes. The planter, the farmer, 
the mechanic, and the laborer, all know that their suc- 
cess depends upon their own industry and economy,' and 
thai they must not expect to become suddenly rich by the 
fruits of their toil. Yet these classes form the great body 
of the people of the United States; they are the bone 
and sinew of the country ; men who love liberty, and 
desire nothing but equal rights and equal laws, and who, 
moreover, hold the great mass of our national wealth, al- 
though it is distributed in moderate amounts among the 
millions of freemen who possess it. But, with overwhelm- 
ing numbers and wealth on their side, they are in con- 
stant danger of losing their fair influence in the govern- 
ment, and v/ith difficulty maintain their just rights against 
the incessant efforts daily made to encroach upon them. 

The mischief springs from the power which the mo- 
neyed interest derives from a paper currency, which they 
are able to control, from the multitude of corporations 
with exclusive privileges, which they have succeeded in 
obtaining in the different states, and which are employed 
altogether for their benefit, and unless you become more 
watchful in your slates, and check this spirit of monopo- 
ly and thirst for exclusive privileges, you will, in the end, 
find that the most important powers of government have 
been given or bartered away, and the control over your 
dearest interests has passed into the hands of these cor- 
porations. 

The paper-moneyed system, and its natural associates, 
monopoly and exclusive privileges, have already struck 
their roots deep in the soil, and it will require all your 
efforts to check its further growth, and to eradicate the 
evil. The men who profit by the abuses, and desire to 
perpetuate them, will continue to besiege the halls of 
legislation in the general government as well as in the 
states, and will seek, by every artifice, to mislead and de- 
ceive the public servants. It is to yourselves that you 
must look for safety and the means of guarding and per- 
petuating your free institutions. In your hands is right- 
fully placed the sovereignty of the country, and to you 
e\ery one placed in authority is ultimately responsible. 
It is always in your power to see that the wishes of the 



175 

people are carried into faithful execution, and their will, 
when once made known, must sooner or later be obeyed. 
And while the people remain, as I trust they ever will, 
uncorrupted and incorruptible, and continue watchful and 
jealous of their rights, the government is safe, and the 
cause of freedom will continue to triumph over all its 
enemies. 

But it will require steady and persevering exertions on 
your part to rid yourselves of the iniquities and mischiefs 
of the paper system, and to check the spirit of monopoly 
and other abuses which have sprung up with it, and of 
which it is the main support. So many interests are uni- 
ted to resist all reform'on this subject, that you must not 
hope the conflict will be a short one, nor success easy. 
My humble efforts have not been spared, during my ad- 
ministration of the government, to restore the constitu- 
tional currency of gold and silver ; and something, I trust, 
has been done towards the accomplishment of this most 
desirable object. But enough yet remains to require all 
your energy and perseverance. The power, however, is 
in your hands, and the remedy must and will be applied 
if you determine upon it. 

While I am thus endeavoring to press upon your atten- 
tion the principles which I deem of vital importance to 
the domestic concerns of the country, I ought not to pass 
over without notice, the important considerations which 
should govern your policy towards foreign powers. It is 
unquestionably our true interest to cultivate the most 
friendly understanding with every nation, and to avoid, 
by every honorable means, the calamities of war ; and we 
shall best attain that object by frankness and sincerity in 
our foreign intercourse, by the prompt and faithful exe- 
cution of treaties, and by justice and impartiality in our 
conduct to all. But no nation, however desirous of peace, 
can hope to escape collisions with other powers ; and 
the soundest dictates of policy require that we should 
place ourselves in a condition to assert our rights, if a 
resort to force should ever become necessary. Our local 
situation, our long line of sea-coast, indented by nume- 
rous bays, with deep rivers opening into the interior, as 
well as her extended and still increasing commerce, point 



176 THE TRUE REPUBLICAN 

to the navy as our natural means of defence. It will, in 
the end, be found to be the cheapest and most effectual ; 
and now is the time, in a season of peace, and with an 
overflowing revenue, that we can year after year add to 
its strength, without increasing the burdens of the peo- 
ple. It is your true policy. For your navy will not only 
protect your rich and flourishing commerce in distant 
seas, but enable you to reach and annoy the enemy, and 
will give to defence its greatest efficiency, by meeting 
danger at a distance from home. It is impossible by any 
line of fortifications to guard every point from attack 
against a hostile force advancing from the ocean, and se- 
lecting its object; but they are indispensable to prevent 
cities from bombardment ; dock-yards and navy arsenals 
from destruction ; to give shelter to merchant vessels iu 
time of war, and to single ships of weaker squadrons 
when pressed by superior force. Fortifications of this 
description cannot be too soon completed and armed, and 
placed in a condition of the most perfect preparation. 
The abundant means we now possess cannot be applied 
in any manner more useful to the country ; and when this 
is done, and our naval force sufficiently strengthened, and 
our military armed, we need not fear that any nation will 
wantonly insult us, or needlessly provoke hostilities. We 
shall more certainly preserve peace, when it is well un- 
derstood that we are prepared for war. 

In presenting to you, my fellow-citizens, these parting 
counsels, I have brought before you the leading principles 
upon which I endeavored to administer the government 
in the high office with which you twice honored me. 
Knowing that the path of freedom is continually beset by 
enemies, who often assume the disguise of friends. I have 
devoted the last hours of my public life to warn you of 
the dangers. The progress of the United States, under 
our free and happy institutions, has surpassed the most 
sanguine hopes of the founders of the republic. Our 
growth has been rapid beyond all former example, in 
numbers, in wealth, in knowledge, and all the useful arts 
which contribute to the comforts and convenience of man; 
and from the earliest ages of history to the present day, 
there never have been thirteen millions of people asso 



Jackson's farewell address. 177 

cialed tog-ether in one political body, who enjoyed so 
much freedom and happiness as the people of these United 
States. You have no longer any cause to fear danger 
from abroad ; your strength and power are well known 
throughout the civilized world, as well as the high and 
gallant bearing of your sons. It is from within, among 
yourselves, from cupidity, from corruption, from disap- 
pointed ambition, and inordinate thirst for power, that 
factions will be formed and liberty endangered. It is 
against such designs, whatever disguise the actors may 
assume, that you have especially to guard yourselves. 
You have the highest of human trusts committed to your 
care. Providence has showered on this favored land 
blessings without number, and has chosen you, as the 
guardians of freedom, to preserve it for the benefit of the 
human race. May He, who holds in his hands the desti- 
nies of nations, make you worthy of the favors he has 
bestowed, and enable you, with pure hearts, and pure 
hands, and sleepless vigilance, to guard and defend to the 
end of time the great charge he has committed to your 
keeping. 

My own race is nearly run ; advanced age and failing 
health warn me that before long I must pass beyond the 
reach of human events, and cease to feel the vicissitudes 
of human affairs. I thank God that my life has been 
spent in a land of liberty, and that he has given me a 
heart to love my country with the affection of a son. And 
filled with gratitude for your constant and unwavering 
kindness, I bid you a last and affectionate farewell. 



178 THE TRUE REPUBLICAN 

VAN BUREN'S INAUGURAL ADDRESS, 
March 4, 1837. 

Fellow-Citizens : 

The practice of all my predecessors imposes on me an 
obligation I cheerfully fulfil, to accompany the first and 
solemn act of my public trust with an avowal of the prin- 
ciples that will guide me in performing it, and an expres- 
sion of my feelings on assuming a charge so responsible 
and vast. In imitating their example, I tread in the foot- 
steps of illustrious men, whose superiors it is our happi- 
ness to believe are not found on the executive calendar of 
any country. Among them we recognize the earliest and 
firmest pillars of the republic ; those by whom our na- 
tional independence was first declared ; him who, above 
all others, contributed to establish it on the field of battle; 
and those whose expanded intellect and patriotism con- 
structed, improved and perfected the inestimable institu- 
tions under which we live. If such men, in the position 
I now occupy, felt themselves overwhelmed by a sense 
of gratitude for this, the highest of all marks of their 
country's confidence, and by a consciousness of their in- 
ability adequately to discharge the duties of an oflJice so 
difficult and exalted, how much more must these conside- 
rations affect one, who can rely on no such claim for fa- 
vor or forbearance. Unlike all who have preceded me, 
the revolution that gave us existence as one people, was 
achieved at the period of my birth ; and whilst I contem- 
plate, with grateful reverence, that memorable event, I 
feel that I belong to a later age, and that I may not ex- 
pect my countrymen to weigh my actions with the same 
kind and partial hand. 

So sensibly, fellow-citizens, do these circumstances 
press themselves upon me, that I should not dare to en- 
ter upon my path of duty, did I not look for the gene- 
rous aid of those who will be associated with me in the 
various and co-ordinate branches of the government ; did 
I not repose with unwavering reliance on the patriotism, 
the intelligence and the kindness of a people who nevei 




raA[ET[JI^ ^f^m EUj^Ei^i^ 



^ 



77^-^^^/^^?^:^^^ 



VAN BUREn's inaugural ADDRESS. 17& 

yet deserted a public servant honestly laboring in their 
cause ; and, above all, did I not permit myself humbly to 
hope for the sustaining support of an ever- watchful and 
beneficent Providence. 

To the confidence and consolation derived from those 
sources, it would be ungrateful not to add those which 
spring from our present fortunate condition. Though 
not altogether exempt from embarrassments that disturb 
our tranquillity at home and threaten it abroad, yet, in all 
the attributes of a great, happy, and flourishing people, 
we stand without a parallel in the world. Abroad, we 
enjoy the respect, and, with scarcely an exception, the 
friendship of every nation ; at home, while our govern- 
ment quietly, but efficiently performs the sole legitimate 
end of political institutions, in doing the greatest good to 
the greatest number, we present an aggregate of human 
prosperity surely not elsewhere to be found. 

How imperious, then, is the obligation imposed upon 
every citizen, in his own sphere of action, whetlier limit- 
ed or extended, to exert himself in perpetuating a condi- 
tion of things so singularly happy. All the lessons of 
history and experience must be lost upon us, if we are 
content to trust alone to the peculiar advantages we hap- 
pen to possess. Position and climate, and the bounteous 
resources that nature has scattered with so liberal a 
hand — even the diff'used intelligence and elevated cha- 
racter of our people — will avail us nothing, if we fail 
sacredly to uphold those political institutions that were 
wisely and deliberately formed, with reference to every 
circumstance that could preserve, or might endanger the 
blessings we enjoy. The thoughtful framers of our con- 
stitution legislated for our country as they found it. Look- 
ing upon it with the eyes of statesmen and of patriots, 
they saw all the sources of rapid and wonderful prospe- 
rity ; but they saw, also, that various habits, opinions, and 
institutions, peculiar to the various portions of so vast a 
region, were deeply fixed. Distinct sovereignties were 
in actual existence, whose cordial union was essential to 
the welfare and happiness of all. Between many of them 
there was, at least to some extent, a real diversity of in- 
terests, liable to be exaggerated through sinister designs ; 



180 THE TRUE REPUBLICAN. 

they differed in size, in population, in wealth, and in actual 
and prospective resources and power; they varied in the 
character of their industry and staple productions ; and 
in some existed domestic institutions, which, unwisely 
disturbed, might endanger the harmony of the whole 
Most carefully were all these circumstances weighed, and 
the foundation of the government laid upon principles of 
mutual concession and equitable compromise. The jea- 
lousies which the smaller states might entertain of the 
power of the rest, were allayed by a rule of representation, 
confessedly unequal at the time, and designed forever to 
remain so. A natural fear that the broad scope of gene- 
ral legislation might bear upon and unwisely control par- 
ticular interests, was counteracted by limits strictly drawn 
around the action of the federal authority; and to the 
people and the states was left unimpaired their sovereign 
power over the innumerable subjects embraced in the 
internal government of a just republic, excepting such 
only as necessarily appertain to the concerns of the whole 
confederacy, or its intercourse, as a united community, 
with the other nations of the world. 

This provident forecast has been verified by time. 
Half a century, teeming with extraordinary events, and 
elsewhere producing astonishing results, has passed along; 
but on our institutions it has left no injurious mark. From 
a small community, we have risen to a people powerful 
in numbers and in strength ; but with our increase has 
gone hand in hand the progress of just principle ; the 
privileges, civil and retigious, of the humblest individual 
are sacredly protected at home : and while the valor and 
fortitude of our people have removed far from us the 
slightest apprehension of foreign power, they have not 
yet induced us, in a single instance, to forget what is 
••jght. Our commerce has been extended to the remotest 
nations ; -the value, and even nature of the productions 
has been greatly changed ; a wide difference has arisen 
in the relative wealth and resources of every portion of 
our country ; yet the spirit of mutual regard and of faith- 
ful adherence to existing compacts, has continued to 
prevail in our councils, and never long been absent from 
our conduct. We have learned by experience a fruitful 



CONSTITUTION OF HENTUCKY. 181 

to, and returning from the same ; and for any speech or 
debate, in either House, they shall not be questioned in 
any other place. 

25. No senator or representative shall, during the term 
for which he was elected, nor for one year thereafter, be 
appointed or elected to any civil office of profit under this 
commonwealth, which shall have been created, or the 
emoluments of which shall have been increased, during the 
time such senator or representative was in office, except 
to such offices or appointments as may be made or filled 
by the elections of the people. 

26. No person, while he continues to exercise the 
functions of a clergyman, priest, or teacher, of any reli- 
gious persuasion, society, or sect; nor whilst he holds or 
exercises any office of profit under this commonwealth, 
shall be eligible to the general Assembly ; except attor- 
neys at law, justices of the peace, and militia officers: 
Provided, that justices of the courts of quarter sessions 
shall be ineligible so long as any compensation may be 
allowed them for their services: Provided, also, that at- 
torneys for the commonwealth, who receive a fixed an- 
nual salary from the public treasury, shall be ineligible. 

27. No person who at any time may have been a col- 
lector of taxes for the State, or the assistant or deputy of 
such collector, shall be eligible to the general Assembly 
until he shall have obtained a quietus for the amount of 
such collection, and for all public moneys for which he 
may be responsible. 

28. No bill shall have the force of a law until on three 
several days it be read over in each House of the general 
Assembly, and free discussion allowed thereon ; unless, in 
cases of urgency, four-fifths of the House where the bill 
shall be depending, may deem it expedient to dispense 
with this rule. 

29. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose 
amendments, as in other bills : Provided, that they shall 
not introduce any new matter, under the color of an 
amendment, which does not relate to raising a revenue. 

30. The general Assembly shall regulate, by law, by 

16 



182 CONSTITUTION OF KENTUCKY. 

whom and in what manner writs of election shall be is- 
sued to fill the vacancies which may happen in either 
branch thereof. 

Article 3. 

Concerning the Executive Department. 

Sec. 1. The supreme executive power of the com- 
monwealth shall be vested in a chief magistrate, who 
shall be styled the Governor of the commonwealth of 
Kentucky. 

2. The Governor shall be elected for the term of four 
years by the citizens entitled to suffrage at the time and 
places where they shall respectively vote for representa- 
tives. The person having the highest number of votes 
shall be Governor ; but if two or more shall be equal and 
highest in votes, the election shall be determined by lot, 
in such manner as the legislature may direct. 

3. The Governor shall be ineligible for the succeeding 
seven years after the expiration of the time for which he 
shall have been elected. 

4. He shall be at least thirty-five years of age, and a 
citizen of the United States, and have been an inhabitant 
of this State at least six years next preceding his elec- 
tion. 

5. He shall commence the execution of his office on 
the fourth Tuesday succeeding the day of the commence- 
ment of the general election on which he shall be chosen, 
and shall continue in the execution thereof until the end 
of four weeks next succeeding the election of his succes- 
sor, and until his successor shall have taken the oaths or 
affirmations prescribed by this Constitution. 

6. No member of Congress, or person holding any of 
fice under the United States, nor minister of any reli- 
gious society, shall be eligible to the office of Governor. 

7. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the term for which he shall have 
been elected. 

8. He shall be commander-in-chief of the army and 
navy of this commonwealth, and of the militia thereof, 



CONSTITUTION OF KENTUCKY. 183 

e?^cept when they shall be called into the service of the 
United States ; but he shall not command personally in 
the field, unless he shall be advised so to do by a resolu- 
tion of the general Assembly. 

9. He shall nominate, and, by and with the advice and 
consent of the Senate, appoint all officers whose offices 
are established by this Constitution or shall be established 
bylaw, and whose appointments are not herein otherwise 
provided for : Provided, that no person shall be so ap- 
pointed to an office within any county, who shall not 
have been a citizen and inhabitant therein one year next 
before his appointment, if the county shall have been so 
long erected ; but if it shall not have been so long erected, 
then within the limits of the county or counties from 
which it shall have been taken: Provided, also, that the 
county courts be authorized bylaw to appoint inspectors, 
collectors, and their deputies, surveyors of the highways, 
constables, jailers, and such other inferior officers, whose 
jurisdiction may be confined within the limits of a county. 

10. The Governor shall have power to fill up vacancies 
that may happen during the recess of the Senate, by 
granting commissions, which shall expire at the end of 
the next session. 

11. He shall have power to remit fines and forfeitures, 
grant reprieves and "pardons, except in cases of impeach- 
ment. In cases of treason, he shall have power to grant 
reprieves until the end of the next session of the general 
Assembly; in which the power of pardoning shall be 
vested. 

12. He may require information in writing from the 
officers in the executive department, upon any subject 
relating to the duties of their respective offices. 

13. He shall from time to time give to the general As- 
sembly information of the state of the commonwealth, and 
recommend to their consideration such measures as he 
shall deem expedient. 

14. He may on extraordinary occasions convene the 
general Assembly at the seat of government, or at a differ- 
ent place, if tliat should have become, since their last ad- 
journment, dangerous from an enemy, or from contagious 
disorders ; and in case of disagreement between the two 



184 CONSTITUTION OF KENTUCKY. 

Houses, with respect to the time of adjournment, adjourn 
tliem to such time as he shall think proper, not exceeding 
four months. 

15. He shall take care that the laws be faithfully exe- 
cuted. 

16. A Lieutenant-Governor shall be chosen at e very- 
election for a Governor, in the same manner, conlinne in 
office for the same time, and possess tlie same qualifica- 
tions. In voting for Governor and Lieutenant-Governor, 
the electors shall distinguish whom they vote for as Gover- 
nor, and whom as Lieutenant-Governor. 

17. He shall, by virtue of his office, be speaker of the 
Senate, have a right, when in committee of the whole, to 
debate and vote on all subjects ; and, when the Senate are 
equally divided, to give the casting vote. 

18. In case of the impeachment of the Governor, his 
removal from officb, death, refusal to qualify, resignation, 
or absence from the State, the Lieutenant-Governor shall 
exercise all the power and authority appertaining to the 
office of Governor, until another be duly qualified, or the 
Governor absent or impeached shall return or be acquitted. 

19. Whenever the government shall be administered 
by the Lieutenant-Governor, or he shall be unable to 
attend as Speaker of the Senate, the senators shall elect 
one of their own members as Speaker, for that occasion. 
And if, during the vacancy of the office of Governor, the 
Lieutenant-Governor shall be impeached, removed from 
office, refuse to qualify, resign, die, or be absent from the 
State, the Speaker of the Senate shall, in like manner, 
administer the government. 

20. The Lieutenant-Governor, while he acts as Speaker 
to the Senate, shall receive for his services the same com- 
pensation which shall for the same period be allowed to 
the Speaker of the House of Representatives, and no 
more ; and during the time he administers the government 
as Governor, shall receive the same compensation which 
the Governor would have received and been entitled to 
had he been employed in tlie duties of his office. 

21. The Speaker pro tempore of the Senate, during the 
♦ime he admmisters the government, shall receive in like 



CONSTITUTION OF KENTUCKY. 185 

manner the same compensation which the Governor 
would have received had he been employed in the duties 
of his office. 

22. If the Lieutenant-Govern 01 shall be called upon to 
administer the government, and shall, while in such ad- 
ministration, resign, die, or be absent from the State 
during the recess of the general Assembly, it shall be the 
duty of the secretary, for the time being, to convene the 
Senate for the purpose of choosing a Speaker. 

23. An attorney-general, and such other attorneys for 
the commonwealth as may be necessary, shall be appointed, 
whose duty shall be regulated bylaw. Attorneys for the 
commonwealth, for the several counties, shall be appointed 
by the respective courts having jurisdiction therein. 

24. A secretary shall be appointed and commissioned 
during the term for which the Governor shall have been 
elected, if he shall so long behave himself well. He shall 
keep a fair register, and attest all thfe official acts and pro- 
ceedings of the Governor, and shall, when required, lay 
the same, and all papers, minutes, and vouchers, relative 
thereto, before either House of the general Assembly, and 
shall perform such other duties as may be enjoined him 
by law. 

25. Every bill which shall have passed both Houses 
shall be presented to the Governor : if he approve, he 
shall sign it, but if not, he shall return it with his objec- 
tions, to the House in which it shall have originated, who 
shall enter the objections at large upon the journal, and 
proceed to reconsider it; if, after such reconsideration, a 
majority of all the members elected to that House shall 
agree to pass the bill, it shall be sent, witli the objections, 
to the other House, by which it shall be likewise con- 
sidered, and if approved by a majority of all the members 
elected to that House, it shall be a law ; but in such cases 
the votes of both Houses shall be determined by yeas and 
nays, and the persons voting for and against the bill shall 
be entered on the journal of each House respectively ; if 
any bill shall not be returned by the Governor, within 
ten days (Sundays excepted) after it shall have been pre- 
sented to him, it shall be a law in like manner as if he 
had signed it, unless the general Assembly by their ad 

16* 



180 CONSTITUTION OP KENTUCKY. 

joiinuncnt prevent its return ; in which case it Hhall be a 
iaw, unless sent back within three days after their next 
nieetin<r. 

2(j. Every ordcu-, resohition, or vote, to which tlie con- 
cniTcnce of botli Hoiisi^s in:iy be necessary, except on a 
question ol" uiljournnient, shall be presented to the (Jover- 
nor, and Ixilore it shall tak(! (illeet, be approved by him ; 
or, bcintr disapproved, shall be repassed, by a majority of 
all tile m(Mnb(M-s elected to both llouses, according to the 
rules and limitations prescribetl in case of a bill. 

27. Contested elci'tions for a Ciovernor and liieute- 
jiant-Ciovernor shall Ix; (let(!rmined by a committee to be 
sehicted from botli llouses of tlie gtmeral Asscnnbly, and 
formed and reoulateil in such manner as shall be directed 
by law. 

38. The freemen of this commonweallli (negroes, inu- 
lattoes, and iiulians excepted) shall be armed and disci- 
plined for its defence. Those who conscientiously scru- 
ple to bear arms sball not be compelled to do so, but shall 
pay an equivalent for personal service. 

29. Tbe commanding oiTicers of the respective regi- 
iiKMits, shall appoint tbe regimental stall'; brigadier-gene- 
rals, their briga(l(Nmajors; major-generals, their aids ; and 
captains, tbe lum-commissiontul ollicers of companies. 

30. A majority of the lield-oHicers and captains in each 
regiment shall nominate tiie commissioned oihcers in 
each company, who shall be commissioned by the Go- 
vernor : Provided, that no nomination shall be made, un- 
less two at least of tbe lield-oHlciirs are present; and 
when two or more persons have an cipial and the highest 
number of votes, the field-olficer present, who may be 
highest in commission, shall decide the nomination. 

31. Sherifls shall hereafter be ni)pointed in the follow- 
ing manner: when the time of a sherifl' for any county 
may be about to expire, the county court for the same, a 
majority of all its justices being present, shall, in the 
months of September, October, or November, next pre- 
ceding thereto, recommend to the Governor two proper 
persons to fdl the oilice, who are then jiistices of the 
county court; and who shall in such recHimmendation 
pay a just regard to seniority in ofllce and a regular rota- 
tion. One of the persons so recommended shall be com- 



CONSTITUTION OF KENTUCKY. 187 

missioned by the Governor, and shall hold his office for 
two years, if he so long behave well, and until a succes- 
sor be duly qualified. If the county courts shall omit, in 
the months aforesaid, to make such recommendation, the 
Governor shall then nominate, and by and with the ad- 
vice and consent of the Senate, appoint a fit person to fill 
such ofiice. 

Article 4. 

Concerning the Judicial Department. 

Sec. 1. The judiciary power of this commonwealth, 
both as to matters of law and equity, shall be vested in 
one supreme court, which shall be styled the court of ap- 
peals, and in such inferior courts as the general Assembly 
may from time to time erect and establish. 

2. The court of appeals, except in cases otherwise di- 
rected by this Constitution, shall have appellate jurisdic- 
tion only ; which shall be co-extensive with the State, un- 
der such restrictions and regulations, not repugnant to 
this Constitution, as may from time to time be prescribed 
by law. 

3. The judges, both of the supreme and inferior courts, 
shall hold their oflSces during good behavior; but for any 
reasonable cause which shall not be sufficient ground of 
impeachment, the Governor shall remove any of them on 
the address of two-thirds of each House of the general 
Assembly : Provided, however, that the cause or causes 
for which such remo^^al may be required, shall be stated 
at length in such address, and on the journal of each 
House. They shall at stated times receive for their ser- 
vices an adequate compensation to be fixed by law. 

4. The judges shall, by virtue of their office, be con- 
servators of the peace throughout the State. The style 
of all process shall be, *' the commonwealth of Ken- 
tucky." All prosecutions shall be carried on in the 
name and by the authority of the commonwealth of Ken- 
tucky, and conclude, against the peace and dignity of the 
same. 

5. There shall be established in each county, now, or 
which may hereafter be erected, within this common- 
wealth, a county court. 



188 CONSTITUTION OF KENTUCKY. 

6. A competent number of justices of the peace shall 
be appointed in each county; they shall be commission- 
ed during good behavior, but may be removed on convic- 
tion of misbehavior in office, or of any infamous crime, 
or on the address of two-thirds of each House of the gene- 
ral Assembly : Provided, however, that the cause or 
causes for which such removal may be required, shall be 
stated at length in such address, on the journal of each 
House. 

7. The number of the justices of the peace to which 
tlie several counties in this commonwealth now establish- 
ed, or which may hereafter be established, ought to be 
entitled, shall, from time to time, be regulated by law. 

8. When a surveyor, coroner, or justice of the peace 
shall be needed in any county, the county court for the 
same, a majority of all the justices concurring therein, 
shall recommend to the Governor two proper persons to 
fill the office, one of whom he shall appoint thereto : 
Provided, however, that if the county court shall for 
twelve months omit to make such recommendation, after 
being requested by the Governor to recommend proper 
persons, he shall then nominate, and, by and with the ad- 
vice and consent of the Senate, appoint a fit person to fill 
such office. 

9. When a new county shall be erected, a competent 
number of justices of the peace, a sherifi", and coroner 
therefor, shall be recommended to the Governor by a ma- 
jority of all the members of the House of Representa- 
tives, from the senatorial district or districts in which the 
county is situated ; and if either of the persons thus re- 
commended shall be rejected by the Governor or the 
Senate, another person shall immediately be recommend- 
ed as aforesaid. 

10. Each court shall appoint its own clerk, who shall 
hold his office during good behavior ; but no person shall 
be appointed clerk, only pro tempore, who shall not pro- 
duce to the court appointing him, a certificate from a ma- 
jority of the judges of the court of appeals that he had 
been examined by their clerk in their presence, and un- 
der their direction, and that they judge him to be weD 
qualified to execute the office of clerk of any court of the 



CONSTITUTION OF KENTUCKY. 189 

Bame dignity with that for which he offers himself. They 
shall be removable for breach of good behavior, by the 
court of appeal only, who shall be judges of the fact as 
well as of the law. Two-thirds of the members present 
must concur in the sentence. 

11. All commissions shall be in the name, and by the 
authority of the State of Kentucky, and sealed with the 
state seal, and signed by the Governor. 

12. The state treasurer, and printer or printers, for the 
commonwealth, shall be appointed annually by the joint 
vote of both Houses of the general Assembly : Provided, 
that, during the recess of the same, the Governor shall 
have power to fill vacancies which may happen in either 
of the said offices. 

Article 5. 

Concerning Impeachments. 

Sec. 1. The House of Representatives shall have the 
sole power of impeaching. 

2. All impeachments shall be tried by the Senate ; 
when sitting for that purpose, the senators shall be upon 
oath or affirmation : no person shall be convicted without 
the concurrence of two-thirds of the members present. 

3. The Governor and all civil officers shall be liable to 
impeachment for any misdemeanor in office ; but judge- 
ment, in such cases, shall not extend further than to re- 
moval from office, and disqualification to hold any office 
of honor, trust, or profit, under this commonwealth; but 
the party convicted shall nevertheless be liable and sub- 
ject to indictment, trial, and punishment, according to 
law. 

Article 6. 

General Provisions. 

Sec. 1. Members of the general Assembly and all offi- 
cers, executive and judicial, before they enter upon the 
execution of their respective offices, shall take the follow- 
ing oath or affirmation " I do solemnly swear, (or af- 
firm, as the case may ba that I will be faithful and true 
to the commonwealth of II 3ntucky, so long as I continue 



190 CONSTITUTION OF KENTUCKY. 

a citizen thereof, and that I will faithfully execute, to the 

best of my abilities, the office of , according to 

law." 

2. Treason against the commonwealth shall consist 
only in levying war against it, or in adhering to its ene- 
mies, giving tliem aid and comfort. No person shall be 
convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or his own confession in 
open court. 

3. Every person shall be disqualified from serving as 
a Governor, Lieutenant-Governor, Senator, or Represen- 
tative, for the term for which he shall have been elected, 
who shall be convicted of having given or offered any 
bribe or treat to procure his election. 

4. Laws shall be made to exclude tiom office, and 
from suffrage, those who shall thereafter be convicted of 
bribery, perjury, forgery, or other high crimes and mis- 
demeanors. The privilege of free suffrage shall be sup- 
ported bylaws regulating elections, and prohibiting, under 
adequate penalties, all undue influence thereon, from 
power, bribery, tumult, or other improper practices. 

5. No money shall be drawn from the treasury, but in 
pursuance of appropriations made by law, nor shall any 
appropriations of money, for the sup])ort of an army, be 
made for a longer time than one year ; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published annually. 

6. The general Assembly shall direct by law in what 
manner, and in what courts, suits may be brought against 
the commonwealth. 

7. The manner of administering an oath or affirmation 
shall be such as is most consistent with the conscience of 
the deponent, and shall be esteemed by the general As- 
sembly the most solemn appeal to God. 

8. All laws which, on the first day of June, one thou- 
sand seven hundred and ninety-two, were in force in the 
State of Virginia, and which are of a general nature, and 
not local to that State, and not repugnant to this Consti- 
tution, nor to the laws which have been enacted by the 
legislature of this commonwealth, shall be in force within 
this State, until they shall be altered or repealed by the 
general Assembly. 



CONSTITUTION OF KENTUCKY. 191 

9. The compact with the State of Virginia, subject to 
such alterations as may be made therein, agreeably to the 
mode prescribed by the said compact, shall be considered 
as part of this Constitution. 

10. It shall be the duty of the general Assembly to 
pass such laws as may be necessary and proper to decide 
differences by arbitrators, to be appointed by the parties 
who may choose that summary mode of adjustment. 

11 All civil officers for the commonwealth at large 
shall reside within the State, and all district, county, or 
town officers, within their respective districts, counties, or 
towns, (trustees of towns excepted,) and shall keep their 
respective ofHces at such places therein as may be re- 
quired by law : and all militia officers shall reside in the 
bounds of the division, brigade, regiment, battalion, or 
company, to which they may severally belong. 

12. The attorney-general, and other attorneys for this 
commonvi^ealth, who receive a fixed annual salary from 
the public treasury, judges, and clerks of courts, justices 
of the peace, surveyors of lands, and all commissioned 
militia officers, shall hold their respective offices during 
good behavior, and the continuance of their respective 
courts, under the exceptions, contained in this Constitution. 

13. Absence on the business of this State, or the 
United States, shall not forfeit a residence once obtained, 
so as to deprive any one of the right of suffrage, or of 
being elected or appointed to any office under this com- 
monwealth, under the exceptions contained in this Con- 
stitution. 

14. It shall be the duty of the general Assembly to re- 
gulate by law, in what cases and what deduction from the 
salaries of public officers shall be made for neglect of dutv 
in their official capacity. 

15. Returns of all elections for Governor, Lieutenant- 
Governor, and members of the general Assembly, shall be 
made to the Secretary, for the time being. 

16. In all elections by the people, and also by the Se- 
nate and House of Representatives, jointly or separately, 
me votes shall be personally and publicly given, viva voce. 

17. No member of Congress, nor person holding or ex- 
ercising any office of trust, or profit, under the United 



192 CO-NSTiTUTIO.N OF KGNTUCKY. 

States, or either of them, or under any foreign power, 
shall be eligible as a member of the general Assembly of 
this commonwealth, or hold or exercise any oflice of trust, 
or profit, under the same. 

18. The general Assembly shall direct by law how 
persons who now are, or may hereafter become, securi- 
ties for public otHcers, may be relieved or discharged on 
account of such securityship. 

Article 7. 
Concerning Slaves. 

Sec. 1. The general Assembly shall have no power to 
pass laws for the emancipation of slaves withont the con- 
sent of their owners, or without paying their owners, pre- 
vious to such emancipation, afull equivalent in money forthe 
slaves so emancipated. They shall have no power to 
prevent emigrants to this State from bringing with them 
such persons as are deemed slaves by the laws of any of the 
United States, so long as any person of the same age or de- 
scription shall be continued in slavery by the laws of this 
State. They shall pass laws to permit the owners of 
slaves to emancipate theiu, saving the rights of creditors, 
and preventing them from becoming a charge to any 
county in this commonwealth. They shall have full 
power to prevent slaves being brought into this State as 
merchandise. They shall have lull power to prevent any 
slaves being brought into this State, who have been, since 
the first day of January, one thousand seven hundred and 
eighty-nine, or may hereafter be, imported into any of the 
United States, from a foreign country. And they shall 
have full power to pass such laws as may be necessary 
to oblige the owners of slaves to treat them with humani- 
ty, to provide for them necessary clothing and provision, 
to abstain from all injuries to them extending to life, or 
limb, and in case of their neglect or refusal to comply 
with the directions of such laws, to have such slave or 
slaves sold for the benefit of their owner or owners. 

2. In the prosecution of slaves for felony, no inquest by 
a grand iury shall be necessary, but the proceedings in 



VAN BUREn's first ANNUAL MESSAGE. 193 

country, upon the cargoes of American vessels ; and aa 
the act referred to, vests no discretion in the Executive, it 
is for Congress to determine upon the expediency of fur- 
ther legislation upon the subject. Against these discri- 
minations, affecting the vessels of this country and their 
cargoes, seasonable remonstrance was made, and notice 
was given to the Portuguese government, that unless they 
should be discontinued, the adoption of countervailinor 
measures on the part of the United States wo-uld become 
necessary; but the reply of that government received at 
the department of state through our charge d'affaires 
at Lisbon, in the month of September last, afforded no 
ground to hope for the abandonment of a system, so litde 
in harmony with the treatment shown to the vessels of 
Portugal and their cargoes, in the ports of this country, 
and so contrary to the expectations we had a right to 
entertain. 

With Holland, Sweden, Denmark, Naples, and Bel- 
gium, a friendly intercourse has been uninterruptedly 
maintained. 

With the government of tlie Ottoman Porte, and its 
dependencies on the coast of the Mediterranean, peace 
and good- will are carefully cultivated, and have been fos- 
tered by such good offices as the relative distance and the 
condition of those countries would permit. 

Our commerce with Greece is carried on under the 
laws of the two governments, reciprocally beneficial to 
the navigating interests of both ; and I have reason to 
look forward to the adoption of other measures which 
will be more extensively and permanently advantageous. 

Copies of the treaties concluded with the governments 
of Siam and Muscat are transmitted for the information 
of Congress, the ratifications having been received, and 
the treaties made public, since the close of the last an- 
nual session. Already have we reason to congratulate 
ourselves on the prospect of considerable commercial 
benefit ; and we have, besides, received from the Sultan 
of Muscat, prompt evidence of his desire to cultivate the 
most friendly feelings, by liberal acts towards one of our 
vessels, bestowed in a manner so striking as to require on 
our part a grateful acknowledgment. 



194 THE TRUE REPUBLICAN. 

Our commerce with the island of Cuba and Porto Rico, 
still labors under heavy restriction, the continuance of 
which is a subject of regret. The only effect of an adherence 
to them will be to benefit the navigation of other coun- 
tries, at the expense both of the United States and Spain. 

The independent nations of this continent have, ever 
since they emerged from the colonial state, experienced 
severe trials in their progress to the permanent establish- 
ment of liberal political institutions. Their unsetded 
condition not only interrupts their own advances to pros- 
perity, but has often seriously injured the other powers 
of the world. The claims of our citizens upon Peru, 
Chili, Brazil, the Argentine Republic, the governments 
formed out of the republics of Colombia and Mexico, 
are still pending, although many of them have been pre- 
sented for examinations more than twenty years. New 
Grenada, Venezuela, and Ecuador, have recently formed 
a convention for the purpose of ascertaining and adjusting 
the claims upon the republic of Colombia, from which it 
is earnestly hoped our citizens will, ere long, receive fuli 
compensation for the injuries originally inflicted upon them, 
and for the delay in affording it. 

An advantageous treaty of commerce has been concluded 
by the United States with the Peru-Bolivian Confedera- 
tion, which wants only the ratification of that government. 
The progress of a subsequent negotiation for the settle- 
ment of claims upon Peru, has been unfavorably affected 
by the war between that power and Chili, and the Argen- 
tine Republic ; and the same event is likely to produce 
delays in the settlement of our demands on those powers. 

The aggravating circumstances connected with our 
claims upon Mexico, and a variety of events touching 
the honor and integrity of our government, led my pre- 
decessor to make, at the second session of the last Con- 
gress, a special recommendation of the course to be pur- 
sued to obtain a speedy and final satisfaction of the 
injuries complained of by this government and by oui 
citizens. He recommended a final demand of redress with 
a contingent authority to the Executive to make reprisals, if 
that demand should be made in vain. From the proceed- 
ings of Congress on that recommendation, it appeared 
that the ^pinion of both branches of the legislature coinr 



VAN BUREN's first ANNUAL MESSAGE. 195 

cided with that of the Executive, that any mode of re- 
dress known to the law of nations mightjustifiably beused. 
It was obvious, too, that Congress believed, with the 
President, that another demand should be made, in order 
to give undeniable and satisfactory proof of our desire to 
avoid extremities with a neighboring power ; but that 
there was an indisposition to vest a discretionary authori- 
ty in the Executive to take redress, should it unfortunate- 
ly be either denied or unreasonably delayed by the Mexi- 
can government. 

So soon as the necessary documents were prepared, af- 
ter entering upon the duties of my office, a special mes- 
senger was sent to Mexico, to make a final demand of re- 
dress, with the documents required by the provisions of 
our treaty. The demand was made on the 20th of July 
last. The reply, which bears date the 29th of the same 
month, contains assurances of a desire, on the part of 
that government, to give a prompt and explicit answer re- 
specting each of the complaints, but that the examination 
of them would necessarily be deliberate ; that in this ex- 
amination it would be guided by the principles of public 
law and the obligation of treaties ; that nothing should be 
left undone that might lead to the most equitable adjust- 
ment of our demands ; and that its determination, in re- 
spect to each case, should be communicated through the 
Mexican minister here. 

Since that time, an envoy extraordinary and minister 
plenipotentiary has been accredited to this government 
by that of the Mexican republic. He brought with him 
assurances of a sincere desire that the pending differences 
between the two governments should be terminated in a 
manner satisfactory to both. He was received with re- 
ciprocal assurances, and a hope was entertained that his 
mission would lead to a speedy, satisfactory, and final ad- 
justment of all existing subjects of complaint. A sin- 
cere believer in the wisdom of the pacific policy by which 
the United States have always been governed in their 
intercourse with foreign nations, it was my particular 
desire, from the proximity of the Mexican republic, and 
well known occurrences on our frontier, to be instrumen- 
tal in obviating all existing difficulties with that govern- 
ment, and in restoring to the intercourse between the two 



196 THE TRUE REPUBLICAN. 

republics, that liberal and friendly character by winch 
they should always be distinguished. I regret, therefore, 
the more deeply, to have found in the recent communica 
tions of that government, so little reason to hope that any 
efforts of mine for the accomplishment of those desirable 
objects would be successful. 

Although the larger number, and many of them aggra- 
vated cases of personal wrongs have been now for years 
before the Mexican government, and some of the causes 
of national complaint, and those of the most offensive cha- 
racter, admitted of immediate, simple and satisfactory re- 
plies, it is only within a few days past that any specific 
communication in answer to our last demand, made five 
months ago, has been received from the Mexican minister. 
By the report of the secretary of state, herewith presented, 
and the accompanying documents, it will be seen, that 
for not one of our public complaints has satisfaction been 
given or offered ; that but one of the causes of personal 
wrong has been favorably considered ; and that but four 
cases of both descriptions, out of all those formally pre- 
sented, and earnestly pressed, have as yet been decided 
upon by the Mexican government. 

Not perceiving in what manner any of the powers 
given to the Executive alone, could be further usefully em- 
ployed in bringing this unfortunate controversy to a satis- 
factory termination, the subject was, by my predecessor, 
referred to Congress, as one calling for its interposition. 
In accordance with the clearly understood wishes of the 
legislature, another and formal demand for satisfaction has 
been made upon the Mexican government, with what suc- 
cess the documents now communicated will show. On 
a careful and deliberate examination of their contents, and 
considering the spirit manifested by the Mexican govern- 
ment, it has become my painful duty to return the sub- 
ject, as it now stands, to Congress, to whom it belongs 
to decide upon the time, the mode, and the measures of 
redress. Whatever may be your decision, it shall be 
faithfully executed, confident that it will be characterized 
by that moderation and justice which will, I trust, under 
all circumstances, govern the councils of our country. 

The balance in the treasury on the first day of January, 
1837, was forty-five millions nine hundred and sixty -eight 



VAN BUREN's first ANNUAL MESSAGE. 197 

thousand five hundred and twenty-three dollars. The 
receipts during the present year from all sources, inclu- 
ding the amount of treasury notes issued, are estimated 
at twenty-three millions four hundred and ninety-nine 
thousand nine hundred and eighty-one dollars, constitu- 
ting an aggregate of sixty-nine millions four hundred and 
sixty-eight thousand five hundred and four dollars. Of 
this amount, about thirty>five millions two hundred and 
eighty-one thousand three hundred and sixty-one dollars 
will have been expended, at the end of the year, on appro- 
priations made by Congress ; and the residue, amounting 
to thirty-four millions one hundred and eighty-seven thou- 
sand one hundred and forty-three dollars, will be the 
nominal balance in the treasury on the first of January next. 
But of that sum, only one million eighty-five thousand four 
hundred and ninety-eight dollars is considered as imme- 
flliately available for, and applicable to, public purposes. 

Those portions of it which will be for some time una- 
vailable, consist chiefly of sums deposited with the states, 
and due from the former deposit banks. The details 
upon this subject will be found in the annual report of 
the secretary of the treasury. The amount of treasury 
notes which it will be necessary to issue during the year 
on account of those funds being unavailable, will, it is 
supposed, not exceed four and a half millions. It seemed 
proper in the condition of the country, to have the esti- 
mates on all subjects made as low as practicable, without 
prejudice to any great public measures. The departments 
were, therefore, desired to prepare their estimates accord- 
ingly ; and I am happy to find that they have been able 
to graduate them on so economical a scale. 

In the great and often unexpected fluctuations to 
which the revenue is subjected, it is not possible to com 
pute the receipts beforehand with great certainty ; bul 
should they not diflfer essentially from present anticipa- 
tions, and should the appropriations not much exceed the 
estimates, no difficulty seems likely to happen in defray- 
ing the current expenses with promptitude and fidelity. 

Notwithstanding the great embarrassments which have 
recently occurred in commercial aff'airs, and the liberal 
indulgence which, in consequence of those embarrass- 
17* 



198 Tirr. true republican. 

ments, has been extended to both the merchants and the 
banks, it is gratifying to be able to anticipate that tho 
treasury notes, which have been issued during the present 
year will be redeemed, and that the resources of the trea- 
sury, without any resort to loans or increased taxes, will 
prove ample for defraying all charges imposed on it du- 
ring 1838. 

The report of the secretary of the treasury will afford 
you a more minute exposition of all matters connected 
with the administration of the finances during the current 
year ; a period which, for the amount of public moneys 
disbursed and deposited with the states, as well as the 
financial difficulties encountered and overcome, has few 
parallels in our history. 

Your attention was, at the last session, invited to the 
necessity of additional legislative provisions in respect 
to the collection, safe-keeping, and transfer of the publtp 
money. No law having been then matured, and not un- 
derstanding the proceedings of Congress as intended to 
be final, it becomes my duty again to bring the subject to 
your notice. 

On that occasion, three modes of performing this 
branch of the public service were presented for conside- 
ration. These were, the creation of a national bank ; 
the revival, with modifications, of the deposit system esta- 
blished by the act of the 23d June, 1836, permitting the 
use of the public moneys by the banks ; and the discon- 
tinuance of the use of such institutions for the purposes 
referred to, with suitable provisions for their accomplish- 
ment through the agency of public officers. Considering 
the opinions of both houses of Congress on the two first 
propositions as expressed in the negative, in which I en- 
tirely concur, it is unnecessary for me again to recur to them. 
In respect to the last, you have had an opportunity, since 
your adjournment, not only to test still further the expedi- 
ency of the measure, by the continued practical operation 
of such parts of it as are now in force, but also to discover 
— what should ever be sought for and regarded with the 
utmost deference — the opinions and wishes of the people. 

The national will is the supreme law of the republic, 
and on all subjects within the limits of \ts constitutiounl 



VAN BUREN's first ANNUAL MESSAGE. 199 

powers, should be faithfully obeyed by the public servant. 
Since the measure in question was submitted to your con- 
sideration, most of you have enjoyed the advantage of 
personal communication with your constituents. For one 
state only has an election been held for the federal go- 
vernment; but the early day at which it took place, de- 
prives the measure under consideration of much of the 
support it might otherwise have derived from the result. 
Local elections for state officers have, however, been held 
in several of the states, at which the expediency of the 
plan proposed by the executive has been more or less dis- 
cussed. You will, I am confident, yield to their results 
the respect due to every expression of the public voice. 
Desiring, however, to arrive at truth and a just view ot 
the subject in all its bearings, you will at the same time 
remember, that questions of far deeper and more imme- 
diate local interest than the fiscal plans of the national 
treasury were involved in those elections. 

Above all, we cannot overlook the striking fact, that 
there were, at the time, in those states, more than one 
hundred and sixty millions of bank capital, of which large 
portions were subject to actual forfeiture — other large 
portions upheld only by special and limited legislative 
indulgences — and most of it, if not all, to a greater or 
less extent, dependent for a continuance of its corporate 
existence upon the will of the state legislatures to be then 
chosen. Apprised of this circumstance, you will judge 
whether it is not most probable that the peculiar condi- 
tion of that vast interest in these respects, the extent to 
which it has been spiead through all the ramifications of 
society, its direct connection with the then pending elec- 
tions, and the feelings it was calculated to infuse into 
the canvass, have not exercised a far greater influence 
over the result than any which could possibly have been 
produced by a conflict of opinion in respect to a ques- 
tion in the administration of the general government, 
more remote and far less important in its bearing upon that 
interest. 

I have found no reason to change my own opinion as to 
the expediency of adopting the system proposed, being per- 
fectly satisfied that there will be neither stability nor safe- 



200 THE TRUE REPUBLICAX. 

ty, either in the fiscal affairs of the government, or in the 
pecuniary transactions of individuals and corporations, 
so long as a connection exists between them, which, like 
the past, offers such strong inducements to make them 
the subjects of political agitation. Indeed, I am more 
than ever convinced of the dangers to which the free and 
unbiassed exercise of political opinion — the only sure 
foundation and safeguard of republican government- 
would be exposed by any further increase of the already* 
overgrown influence of corporate authorities — I cannot, 
therefore, consistently with my views of duty, advise a 
renewal of a connection which circumstances have dis-' 
solved. 

The discontinuance of the use of state banks for fiscal 
purposes ought not to be regarded as a measure of hosti- 
lity towards these institutions. Banks properly establish- 
ed and conducted, are highly useful to the business of the 
country, and doubtless will continue to exist in the states 
so long as they conform to their laws, and are found to 
be safe and beneficial. How they should be created, 
what privileges they should enjoy, under what responsi- 
bilities they should act, and to what restrictions they 
should be subject, are questions which, as I observed on 
a previous occasion, belong to the states to decide. Upon 
their rights, or the exercise of them, the general govern- 
ment can have no motive to encroach. Its duty toward 
them is well performed, when it refrains from legislating 
for their special benefit, because such legislation would 
violate the spirit of the constitution, and be unjust to other 
interests ; when it takes no steps to impair their useful- 
ness, but so manages its own affairs as to make it the 
interest of those institutions to strengthen and improve 
their condition for the security and welfare of the com- 
munity at large. They have no right to insist on a 
connection with the federal government, nor on the use 
of the public money for their own benefit. 

The object of the measure under consideration is, to 
avoid for the future a compulsory connection of this kind. 
It proposes to place the general government, in regard to 
the essential points of the collection, safe-keeping and 
transfer of the public money, in a situation which shall 



VAN BUREn's first ANNUAL MESSAGE. 201 

relieve it from all dependence on the will of irresponsible 
individuals or corporations; to withdraw those moneys 
from the uses of private trade, and confine them to agents 
constitutionally selected and controlled by law ; to abstain 
Irom improper interference with the industry of the peo- 
ple, and withhold inducements to improvident dealings 
on the part of individuals ; to give stability to the con- 
cerns of the treasury ; to preserve the measures of the 
government from the unavoidable reproaches that flow 
trom such a connection, and the banks themselves from 
the injurious effects of a supposed participation in the 
political conflicts of the day, from which they will other- 
wise find it diflicult to escape. 

These are my views upon this important subject ; form- 
ed alter careful reflection, and with no desire but to arrive 
at what is most likely to promote the public interest. 
1 hey are now, as they were before, submitted with an 
unfeigned deference for the opinions of others. It was 
hardly to be hoped that changes so important, on a sub- 
ject so interesting, could be made without producino- a 
serious diversity of opinion ; but so long as those con- 
flicting views are kept above the influence of individual 
or local interests ; so long as they pursue only the gene- 
ral good, and are discussed with moderation and candor, 
such diversity is a benefit, not an injury. H a majority 
of Congress see the public welfare in a ditTerent lio-ht; 
and more especially if they should be satisfied that'' the 
measure proposed would not be acceptable to the people ; 
I shall look to their wisdom to substitute such as may be 
more conducive to the one, and more satisfactory to the 
other. In any event, they may confidendy rely on my 
hearty co-operation to the fullest extent which my views 
of the constitution and my sense of duty will permit. 

It is obviously important to this branch of the public 
service, and to the business and quiet of the country, that 
the whole subject should in some way be settled and reo-u- 
lated by law; and, if possible, at your present session. 
Besides the plan above referred to, I am not aware that 
any one has been suggested, except that of keepino- the 
public money in the state banks, in special deposit. This 
plan IS, to some extent*, in accordance with the practice 



202 THE TRUE REPUBLICAN. 

of the government, and which, except, perhaps during the 
operation of the late deposit act, has always been allowed, 
even during the existence of a national bank, to make a 
temporary use of the state banks, in particular places, for 
the safe-keeping of portions of the revenue. 

This discretionary power might be continued, if Con- 
gress deem it desirable, whatever general system may be 
adopted. So long as the connection is voluntary, we need 
perhaps anticipate few of those difficulties, and little of 
that dependence on the banks, which must attend every 
such connection when compulsory in its nature, and when 
so arranged as to make the banks a fixed part of the 
machinery of government. It is undoubtedly in the pow- 
er of Congress so to regulate and guard it as to prevent 
the public money from being applied to the use, or inter- 
mingled with the affairs, of individuals. Thus arranged, 
although it would not give to the government that control 
over its own funds which I desire to secure to it by the 
plan I have proposed, it would, it must be admitted, in 
a great degree, accomplish one of the objects which 
has recommended that plan to my judgment — the sepa- 
ration of the fiscal concerns of tlie government from those 
of individuals or corporations. 

With these observations, I recommend the whole mat- 
ter to your dispassionate reflection ; confidently hoping 
that some conclusion may be reached by your delibera- 
tions, which, on the one hand, shall give stability to the 
fiscal operations of the government, and be consistent, 
on the other, with the genius of our institutions, and with 
the interests and wishes of the great mass of our con- 
stituents. 

It was my hope that nothing would occur to make ne- 
cessary, on this occasion, any allusion to the late national 
bank. There are circumstances, however, connected 
with the present state of its affairs, that bear so directly on 
the character of the government and the welfare of the 
citizen, that I should not feel myself excused in neglect- 
ing to notice them. The charier which terminated its 
banking privileges on the fourth of March, 183G, con- 
tinued its corporate powers t\vo years more, for the 
«ole purpose of closing its affairs, with authority " to 



VAN BC/REn's first ANNUAL MESSAGE. 203 

use the corporate name, style and capacity, for the pur 
pose of suits, for a final settlement and liquidation of the 
aflfairs and acts of the corporation, and for the sale and 
disposition of their estate, real, personal and mixed, but 
for no other purpose or in any other manner whatsoever." 
Just before the banking privileges ceased, its effects were 
transferred by the bank to a new state institution, then 
recently incorporated, in trust, for the discharge of its 
debts and the setdement of its affairs. 

With this trustee, by authority of Congress, an adjust- 
ment was subsequendy made of the large interest which 
the government had in the stock of the institution. The 
manner in which a trust unexpectedly created upon the 
act granting the charter, and involving such great public 
mterests, has been executed, would, under any circum- 
stance, be a fit subject of inquiry ; but much more does it 
deserve your attention when it embraces the redemption 
of obligations to which the authority and credit of the 
United States have given value. The two years allowed 
are now nearly at an end. It is well understood that the 
trustee has not redeemed and cancelled the outstanding 
notes of the bank, but has re-issued, and is continually re"^- 
issumg, since the 3d of March, 1836, the notes which 
have been received by it to a vast amount. 

According to its own official statement, so late as the 
first of October last, nineteen months after the banking 
privileges given by the charter had expired, it had under 
Its control uncancelled note? of the late bank of the United 
States to the amount of twenty-seven millions five hun- 
dred and sixty-one thousand eight hundred and sixty-six 
dollars, of which six millions one hundred and seventy- 
five thousand eight hundred and sixty-one dollars were in 
actual circulation, one million four" hundred and sixty- 
eight thousand six hundred and twenty seven dollars at 
state bank agencies, and three millions two thousand three 
hundred and ninety dollars in transitu: thus showing that 
upwards of ten millions and a half of the notes of the old 
bank were then still kept outstandmg. 

The impropriety of this procedure is obvious ; it being 
the duty of the trustee to cancel and not to put forth the 
Qotes of an institution, whose concerns it had undertaken 



204 THE TRUE REPUBLICAN. 

to wind up. If the trustee has a right to re-issue tnese 
notes now, I can see no reason why he may not continue 
to do so after the expiration of the two years. As no one 
could have anticipated a course so extraordinary, the pro- 
hibitory clause of the charter above quoted was not accom- 
panied by any penalty or other special provision for en- 
forcing it ; nor have we any general law for the prevention 
of similar acts in future. 

But it is not in this view of the subject alone that your 
interposition is required. The United States, in setding 
with the trustee for their stock, have withdrawn their 
funds from their former direct liability to the creditors of 
the old bank, yet notes of the institution continue to be 
sent forth in its name, and apparently upon the authority 
of the United States. The transactions connected with 
the employment of the bills of the old bank are of vast 
extent ; and should they result unfortunately, the interests 
of individuals may be deeply compromised. Without un- 
dertaking to decide how far, or in what form, if any, the 
trustee could be made liable for notes which contain no 
obligation on his part; or the old bank, for such as are 
put in circulation after the expiration of its charter, and 
without its authority ; or the government for indemnity in 
case of loss, the question still presses itself upon your 
consideration, whether it is consistent with the duty and 
good faith on the part of the government, to witness this 
proceeding without a single effort to arrest it. 

The report of the Commissioner of the General Land 
Office, which will be laid before you by the secretary of 
the treasury, will show how the affairs of that office have 
been conducted for the past year. The disposition of the 
public lands is one of the most important trusts confided 
to congress. The practicability of retaining the title and 
control of such extensive domains in the general govern- 
ment, and at the same time admitting the territories em- 
bracing them into the federal union, as co-equal with the 
original states, was seriously doubted by many of our 
wisest statesmen. All feared that they would become a 
scource of discord, and many carried their apprehen- 
sions so far as to see in them the seeds of a future 
dissolution of the confederacy. But happily our expe- 



VAN BUREN's first ANNUAL MESSAGE. 205 

rience has already been sufficient to quiet, in a great de- 
gree, all such apprehensions. The position, at one time 
assumed — that the admission of new states into the Union 
on the same footing with the original states, was incom- 
patible with a right of soil in the United States, and ope- 
rated as a surrender thereof, notwithstanding the terms of 
the compacts by which their admission was designed to 
be regulated— has been wisely abandoned. 

Whether in the new or the old states, all now agree 
that the right of soil to the public lands remains in the 
federal government, and that these lands constitute a com- 
mon property, to be disposed of for the common benefit 
of all the states, old and new. Acquiescence in this just 
principle by the people of the new states has naturally 
promoted a disposition to adopt the most liberal policy in 
the sale of the public lands. A policy which should be 
limited to the mere object of selling the lands for the 
greatest possible sum of money, without regard to higher 
considerations, finds but few advocates. On the contrary 
it is generally conceded, that while the mode of dispo- 
sition adopted by the government, should always be a 
prudent one, yet its leading object ought to be the early 
settlement, and cultivation of the lands sold ; and that it 
should discountenance, if it cannot prevent, the accumu- 
lation of large tracts in the same hands, which must ne- 
cessarily retard the growth of the new states, or entail 
upon them a dependent territory and its attendant 
evils. 

A question emblazing such important interests, and so 
well calculated to enlist the feelings of the people in every 
quarter of the Union, has very naturally given rise to 
numerous plans for the improvement of the existing sys- 
tem. The distinctive features of the policy that has 
hitherto prevailed, are, to dispose of the public lands at 
moderate prices, thus enabling a greater number to enter 
into competition for their purchase, and accomplishing a 
double object of promoting their rapid settlement by the 
purchasers, and at the same time increasing the receipts 
of the treasury ; to sell for cash, thereby preventing the 
disturbing influence of a large mass of private citizens 
indebted to the government which they have a voice in 
18 



206 THE TRUE REPUBLICAN. 

controlling ; to bring them into market no faster than good 
lands are supposed to be wanted for improvements, there- 
by preventing the accumulation of large tracts in few- 
hands ; and to apply the proceeds of the sales to the 
general purposes of the government; thus diminishing 
the amount to be raised from the people of the states by 
taxation, and giving each state its portion of the benefits 
to be derived from this common fund in a manner the 
most quiet, and at the same time, perhaps the most equi- 
table that can be devised. 

These provisions, with occasional enactments in be- 
half of special interests deemed entitled to the favor of 
government, have in their execution, produced results as 
beneficial upon the whole as could reasonably be expected 
in a matter so vast, so complicated, and so exciting. Up- 
wards of seventy millions of acres have been sold, the great- 
er part of which is believed to have been purchased for 
actual settlement. The population of the new states 
and territories created out of the public domain, in- 
creased between 1800 and 1830, from less than sixty 
thousand, to upwards of two millions three hundred 
thousand souls, constituting, at ihe latter period, about one 
fifth of the whole people of the United States. The in- 
crease since cannot be accurately known, but the whole 
may now be safely estimated at over three and a half 
millions of souls; composing nine states, the representa- 
tives of which constitute above one third of the Senate, 
and over one sixth of the House of the Representatives of 
the United States. 

Thus has been formed a body of free and independent 
landholders, with a rapidity unequalled in the history of 
mankind ; and this great result has been produced with- 
out leaving any thing for future adjustment between the 
government and its citizens. The system under which 
so much has been accomplished cannot be intrinsically 
bad, and with occasional modifications, to correct abuses, 
and adapt it to changes of circumstances, may, I think, 
be safely trusted for the future. There is, in the 
management of such extensive interests, much virtue in 
stability ; and although great and obvious improvements 
should not be declined, changes should never be made 



VAN BUREN^S FIRST ANNUAL MESSAGE. 207 

without the fullest examination, and the clearest demon- 
stration of their practical utility. 

In the history of the past, we have an assurance that 
this safe rule of action will not be departed from in rela- 
tion to the public lands ; nor is it believed that any ne- 
cessity exists for interfering with the fundamental princi- 
ples of the system, or that the public mind, even in the 
new states, is desirous of any radical alterations. On the 
contrary, the general disposition appears to be, to make 
such modifications and additions only as will more ef- 
fectually carry out the original policy of filling our new 
states and territories with an industrious and independent 
population. 

The modification most perseveringly pressed upon Con- 
gress, which has occupied so much of its time for years 
past, and will probably do so for a long time to come, if 
not sooner satisfactorily adjusted, is a reduction in the 
cost of such portions of the public lands as are ascertained 
to be unsaleable at the rate now established by law, and 
a graduation, according to their relative value, of the 
prices at which they may hereafter be sold. It is worthy 
of consideration whether justice may not be done to every 
interest in this matter, and a vexed question set at rest, 
perhaps forever, by a reasonable compromise of conflict- 
ing opinions. Hitherto, after being oflfered at public 
sale, lands have been disposed of at one uniform price, 
whatever difference there might be in their intrinsic 
value. 

The leading considerations urged in favor of the mea- 
sure referred to, are, that in almost all the land districts, 
and particularly in those in which the lands have been 
long surveyed and exposed to sale, there are still remain- 
ing numerous and large tracts of every gradation of value, 
from the government price downward ; that these lands 
will not be purchased at the government price, so long as 
better can be conveniently obtained for the same amount ; 
that there are large tracts which even the improvements 
of the adjacent lands will never raise to that price; and 
that the present uniform price, combined with their irre- 
gular value, operates to prevent a desirable compactness 
of settlement in the new states, and to retard the full de- 



208 



THE TRUE REPUBLICAN. 



yelopement of that wise policy on which our land system 
IS founded, to the injury not only of the several states 
where the lands lie, I ut of the United States as a whole. 

The remedy proposed has been a reduction in prices 
according to the length of time the lands have been in the 
market, without reference to any other circumstances. 
The certainty that the efflux of time would not always in 
such cases, and perhaps not even generally, furnish a true 
criterion of value ; and the probability that persons resid- 
ing in the vicinity, as the period for the reduction of prices 
approached, would postpone purchases thev would other- 
wise make, for the purpose of availing themselves of the 
lower price, with other considerations of a similar cha- 
racter, have hitherto been successfully urged to defeat the 
graduation upon time. 

May not all reasonable desires upon this subject be sa- 
tisfied without encountering any of these objections ? All 
will concede the abstract principle, that the price of the 
public lands should be proportioned to their relative value, 
so far as that can be accomplished without departing from 
the rule heretofore observed, requiring fixed prices in 
cases of private entries. The difficulty of the subject 
seems to lie in the mode of ascertaining what that value 
IS. Would not the safest plan be that which has been 
adopted by many of the states as to the basis of taxation 
—an actual valuation of lands and classifications of them 
into different rates ? 

Would it not be practicable and expedient to cause the 
relative value of the public lands in the old districts, which 
have been for a certain length of time in market, to be 
appraised and classed into two or more rates below the 
present minimum price, by the officers now employed in 
this branch of the public service, or in any other mode 
deemed preferable, and to make those prices permanent, 
if upon the coming in of the report they shall prove sa- 
tisfactory to Congress ? Cannot all the objects of gradu- 
ation be accomplished in this way, and the objections 
which have hitherto been urged against it, avoided ? It 
would seem to me that such a step, with a restriction of 
the sales to limited quantities, and for actual improvement, 
would be free from all just exceptions. 



VAN BUREn's first ANNUAL MESSAGE. 209 

By the full exposition of the vakie of the lands thus 
furnished and extensively promulgated, persons living at 
a distance would be informed of their true condition, and 
enabled to enter into competition with those residing in 
the vicinity ; the means of acquiring an independent home 
would be brought within the reach of many who are 
unable to purchase at present prices ; the population of 
the new states would be more compact, and large tracts 
would be sold which would otherwise remain on hand ; 
not only would the land be brought within the means of a 
large number of purchasers, but many persons possessed 
of greater means would be content to settle on a larger 
quantity of the poorer lands, rather than emigrate 
farther west in pursuit of a smaller quantity of better 
lands. 

Such a measure would also seem to be more consistent 
with the policy of the existing laws — that of converting 
the public domain into cultivated farms owned by their 
occupants. Tliat policy is not best promoted by sending 
emigration up the almost interminable streams of the west, 
to occupy in groups the best spots of land, leaving im- 
mense wastes behind them, and enlarging the frontier be- 
yond the means of the government to afFord it adequate 
protection ; but in encouraging it to occupy, with reasona- 
ble denseness, the territory over which it advances, and 
find its best defence in the compact front which it presents 
to the Indian tribes. Many of you will bring to the con- 
sideration of the subject the advantage of local knowledge 
and greater experience, and all will be desirous of 
making an early and final disposition of every disturb- 
ing question in regard to this important interest. If these 
suggestions shall in any degree contribute to the accom- 
plishment of so important a result, it will afford me 
sincere satisfaction. 

In some sections of the country most of the public 
lands have been sold, and the registers and receivers have 
little to do. It is a subject worthy of inquiry whether, 
in many cases, two or more districts may not be consoli- 
dated, and the number of persons employed in this busi- 
ness considerably reduced. Indeed, the time will come, 
when it will be the true policy of the general government 



210 THE TRUE REPUBLICAN. 

as to some of the states, to transfer to them, for a reasona- 
ble equivalent, all the refuse and unsold lands, and to 
A^thdraw the machinery of the federal land offices alto- 
gether. All who take a comprehensive view of our fede- 
ral system, and believe that one of its greatest excellen- 
cies consists in interfering as little as possible with the 
internal concerns of the states, look forward with great 
interest to this result. 

A modification of the existing laws in respect to the 
prices of the public lands, might also have a favorable in- 
fluence on the legislation of Congress, in relation to 
another branch of the subject. Many who have not the 
ability to buy at present prices, settle on those lands, with 
the hope of acquiring from their cultivation the means of 
purchasing under pre-emption laws, from time to time 
passed by Congress. For this encroachment on the rights 
of the United States, they excuse themselves under the 
plea of their own necessities ; the fact that they dispossess 
nobody, and only enter upon the waste domain ; that 
they give additional value to the public lands in their 
vicinity, and their intention ultimately to pay the govern- 
ment price. So much weight has from time to time been 
attached to these considerations, that Congress have passed 
laws giving actual settlers on the public lands a right of 
pre-emption to the tracts occupied by them, at the mini- 
mum price. 

These laws have in all instances been retrospective in 
their operations ; but in a few years after their passage, 
crowds of new settlers have been found on the public 
lands, for similar reasons, and under like expectations, 
who have been indulged with the same privilege. This 
course of legislation tends to impair public respect for the 
laws of the country. Either the laws to prevent intrusion 
upon the public lands should be executed, or, if that 
should be impracticable or inexpedient, they should De 
modified or repealed. If the public lands are to be con- 
sidered as open to be occupied by any, they should, by 
law, be thrown open to all. 

That which is intended, in all instances, to be legalized, 
should at once be made legal, that those who are dis- 
posed to conform to the laws, may enjoy at least equal 



VAN BUREN's first ANNUAL MESSAGE. 21 /. 

privileges with those who are not. But it is not believed 
to be the disposition of Congress to open the public lands 
to occupancy without regular entries and payment of the 
government price, as such a course must tend to worse 
evils than the credit system, which it was found necessary 
to abolish. 

It would seem, therefore, to be the part of wisdom and 
sound policy to remove, as far as practicable, the causes 
which produce intrusions upon the public lands, and then 
take efficient steps to prevent them in future. Would any 
single measure be so effective in removing all plausible 
grounds for these intrusions as the graduation of price al- 
ready suggested ? A short period of industry and econo- 
my in any part of our country would enable the poorest 
citizen to accumulate the means to buy him a home at the 
lowest prices, and leave him without apology for settling 
on lands not his own. If he did not, under such circum- 
stances, he would enlist no sympathy in his favor ; and 
the laws would be readily executed without doing violence 
to public opinion. 

A large portion of our citizens have seated themselves 
on the public lands, without authority, since the passage 
of the last pre-emption law, and now ask the enactment 
of another, to enable them to retain the lands occupied, 
upon payment of the minimum government price. They 
ask that which has been repeatedly granted before. If 
the future may be judged of by the past, little harm can 
be done to the interests of the treasury by yielding to their 
request. Upon a critical examination, it is found that the 
lands sold at the public sales since the introduction of 
cash payments in 1820, have produced, on an average, 
the nett of only six cents an acre more than the minimum 
government price. There is no reason to suppose that 
future sales will be more productive. The government, 
therefore, has no adequate pecuniary interest to induce it 
to drive those people from the lands they occupy, for the 
purpose of selling them to others. 

Entertaining these views, I recommend the passage of 
a pre-emption law for their benefit, in connection with 
the preparatory steps towards the graduation of the price 
of the public lands, and farther and more effectual pro- 



213 THE TRUE REPUBLICAN. 

visions to prevent intrusions hereafter. Indulgence to 
those who have settled on these lands with expectations 
that past legislation would be made a rule for the future, 
and at the same time removing the most plausible ground 
on vi^hich intrusions are excused, and adopting more effi- 
cient means to prevent them hereafter, appears to me the 
most judicious disposition which can be made of this dif- 
ficult subject. 

The limitations and restrictions to guard against abuses 
in the execution of the pre-emption law, will necessarily 
attract the attention of Congress : but under no circum- 
stances is it considered expedient to authorize floating 
claims in any shape. They have been heretofore, and 
doubtless would be hereafter, most prolific sources of fraud 
and oppression, and instead of operating to confer the 
favor of the government on industrious settlers, are often 
used only to minister to a spirit of cupidity at the expense 
of the most meritorious of that class. 

The accompanying report of the secretary of war will 
bring to your view the state of the army, and all the va- 
rious subjects confided to the superintendence of that 
officer. 

The principal part of the army has been concentrated 
in Florida, with a view and in the expectation of bring- 
ing the war in that territory to a speedy close. The ne- 
cessity of stripping the posts on the maritime and inland 
frontiers, of their entire garrisons, for the purpose of as- 
sembling in the field an army of less than four thousand 
men, would seem to indicate the necessity of increasing 
our regular forces ; and the superior efficiency as well as 
greatly diminished expense of that description of troops, 
recommend this measure as one of economy, as well as of 
expediency. I refer to the report for the reasons which 
have induced the secretary of war to urge the re-organiza- 
tion and enlargement of the staff of the army, and of the 
ordnance corps, in which I fully concur. 

It is not, however, compatible with the interest of the 
people to maintain, in time of peace, a regular force ade- 
quate to the defence of our extensive frontiers. In pe- 
riods of danger and alarm, we must rely principally upon 
a well-organized militia ; and some general arrangement 



213 

thai will render this description of force more efficient, 
has long been a subject of anxious solicitude. It was re- 
commended to the first Congress by General Washington, 
and has since been frequently brought to your notice, and 
recently its importance strongly urged by my immediate 
predecessor. 

The provision in the constitution that renders it neces- 
sary to adopt a uniform system of organization for ih.i 
militia throughout the United States, presents an insur- 
mountable obstacle to an efficient arrangement by the 
classification heretofore proposed, and I invite your atten- 
tion to the plan which will be submitted by the secretary 
of war, for the organization of the volunteer corps, and 
the instruction of militia officers, as more simple and prac- 
ticable, if not equally advantageous, as a general arrange- 
ment of the whole militia of the United States. 

A moderate increase of the corps both of military and 
topographical engineers, has been more than once recom- 
mended by my predecessor, and my conviction of the pro- 
priety, not to say necessity of the measure, in order to 
enable them to perform the various and important duties 
impotecd upon them, induces me to repeat the recommen- 
dation. 

The Military Academy continues to answer all the pur- 
poses of its establishment, and not only furnishes well- 
educated officers of the army, but serves to diffuse through- 
out the mass of our citizens, individuals possessed of mi- 
/itary knowledge, and the scientific attainments of civil 
and military engineering. At present, the cadet is bound, 
with the consent of his parents or guardians, to remain in 
service five years from the period of his enlistment, unless 
sooner discharged, thus exacting only one year's service 
in the army after his education is completed. This does 
not appear to me sufficient. Government ought to com- 
mand for a longer period the services of those who are 
educated at the public expense ; and I recommend that 
the time of enlistment be extended to seven years, and the 
terms of the engagement strictly enforced. 

The creation of a national foundry for cannon, to be 
common to the service of the army and navy of the Uni- 
ted States, has been heretofpre recommended, and ap 



214 THE TRUE REPUBLICAN. 

pears to be required in order to place our ordnance on an 
equal footing with that of other countries, and to enable 
that branch of the service to control the prices of those 
articles, and graduate the supplies to the wants of the 
government, as well as to regulate their quality and insure 
their uniformity. 

The same reasons induce me to recommend the erec- 
tion of a manufactory of gunpowder, to be under the di- 
rection of the ordnance office. The establishment of a 
manufactory of small arms west of the Alleghany moun- 
tains, upon the plan proposed by the secretary of war, 
will contribute to extend throughout that country the im- 
provements which exist in establishments of a similar 
description in the Atlantic states, and tend to a much more 
economical distribution of the armament required in the 
western portion of our Union. 

The system of removing the Indians west of the Mis- 
sissippi, commenced by Mr. Jefferson, in 1804, has been 
steadily persevered in by every succeeding President, and 
may be considered the setded policy of the country. Un- 
connected at first with any well-defined system for their 
improvement, the inducements held out to the Indians 
were confined to the greater abundance of game to be found 
in the west ; but when the beneficial effects of their re- 
moval were made apparent, a more philanthropic and en- 
lightened policy was adopted, in purchasing their lands 
east of the Mississippi. Liberal prices were given, and 
provisions inserted in all the treaties with them for the 
application of the funds they received in exchange, to such 
purposes as were best calculated to promote their present 
welfare, and advance their future civilization. These 
measures have been attended thus far with the happiest 
results. 

It will been seen, by referring to the report of the com- 
missioner of Indian affairs, that the most sanguine expec- 
tations of the friends and promoters of this system have 
been realized. The Choctaws, Cherokees, and other 
tribes that first emigrated beyond the Mississippi, have, 
for the most part, abandoned the hunter state and be- 
come cultivators of the soil. The improvement of 
their condition has been rapid, and it is believed that 



VAN BUREN's first ANNUAL MESSAGE. 215 

they are now fitted to enjoy the advantages of a simple 
form of government, which has been submitted to them 
and received their sanction ; and I cannot too strongly 
urge this subject upon the attention of Congress. 

Stipulations have been made with all the Indian tribes 
to remove them beyond the Mississippi, except with the 
band of the Wyandotts, the Six Nations, in New York, 
the Menomonees, Mandans, and Stockbridges, in Wis- 
consin, and Miamies, in Indiana. With all but the 
Menomonees, it is expected that arrangements for their 
emii^radon will be completed the present year. The 
resistance which has been opposed to their removal by 
some tribes, even after treaties had been made with them 
to that effect, has arisen from various causes, operating 
differently on each of them. 

In most instances they have been instigated to resist- 
ance by persons to whom the trade with them and the 
acquisition of their annuities were important; and in 
some by the personal influence of interested chiefs. — 
These obstacles must be overcome ; for the government 
cannot relinquish the execution of this policy with 
out sacrificing important interests, and abandoning the 
tribes remaining east of the Mississippi to certain destruc- 
tion. 

The decrease in numbers of the tribes within the limits 
of the states and territories has been most rapid. If they 
be removed, they can be protected from those associa- 
tions and evil practices which exert so pernicious and 
destructive an influeiice over their destinies. They can 
be induced to labor, and to acquire property, and its ac- 
quisition will inspire them with a feeling of independence. 
Their minds can be cultivated, and they can be taught the 
vahie of salutary and uniform laws, and be made sensible 
of the blessings of free government, and capable of enjoy- 
ing its advantages. 

In the possession of property, knowledge, and a good 
government, free to give what direction they please to 
their labor, and sharers in the legislation by which their 
persons and the profits of their industry are to be protect- 
ed and secured, they will have an ever present convic- 
tion of the importance of union, of peace among 



216 THE TRUE REPUBLICAN. 

themselves, and of the preservation of amicable relations 
with us. 

The interests of the United States would also be greatly 
promoted by freeing the relations between the genera' 
and state governments, from what has proved a most em- 
barrassing incumbrance, by a satisfactory adjustment of 
conflicting titles to lands, caused by the occupation of the 
Indians, and by causing the resources of the whole coun- 
try to be developed by the power of the state and general 
governments, and improved by tlie enterprise of a white 
population. 

Intimately connected with this subject is the obligation 
of the government to fulfil its treaty stipulations, and to 
protect the Indians thus assembled " at their new resi- 
dence from all interruptions and disturbances from any 
other tribes or nations of Indians, or from any other per- 
son or persons whatsoever," and the equally solemn ob- 
ligation to guard from Indian hostilities its own border 
settlements stretching along a line of more than one thou- 
sand miles. To enable the government to redeem their 
pledge to the Indians, and to afford adequate protection to 
its own citizens, will require the continual presence of a 
considerable regular force on the frontiers, and the estab- 
lishment of a chain of permanent posts. Examinations 
of the country are now making, with a view to decide 
on the most suitable points for the erection of fort- 
resses and other works of defence, the results of which 
will be presented to you by the secretary of war at an 
early day, together with a plan for the effectual protec- 
tion of friendly Indians, and the permanent defence of 
the frontier states. 

By the report of the secretary of the navy, herewith 
communicated, it appears that unremitted exertions have 
been made at the different navy-yards, to carry into effect 
all authorized measures for the extension and employ- 
ment of our naval force. The launching and prepa- 
ration of the ship of the line Pennsylvania, and the 
complete repairs of the ships of the line Ohio, Dekware, 
and Columbus, may be noticed, as forming a respectable 
addition to this important arm of our national defence. 
Our commerce and navigation have received increased 



VAN BUREN S FIRST ANNUAL MESSAGE. 217 

aid and protection during the present year. Our squad- 
rons in the Pacific and on the Brazilian station have heen 
much increased, and that in the Mediterranean, although 
small, is adequate to the present wants of our com- 
merce in that sea. Additions have been made to our 
squadron on the West India station, where the large 
force under Commodore Dallas has been most actively 
and efficiently employed in protecting our commerce, in 
preventing the importation of slaves, and in co-operating 
with the officers of the army in carrying on the war in 
Florida. 

The satisfactory condition of our naval force abroad, 
leaves at our disposal the means of conveniently provid- 
ing for a home squadron, for the protection of commerce 
upon our extensive coast. The amount of appropriations 
required for such a squadron will be found in the general 
estimates for the naval service, for the year 1838. 

The naval officers engaged upon our coast survey, 
have rendered important service to our navigation. The 
discovery of a new channel into the harbor of New York, 
through which our largest ships may pass without 
danger, must affi^rd important commercial advantages to 
that harbor, and add gready to its value as a naval station. 
The accurate survey of Georges' shoals, off the coast of 
Massachusetts, lately completed, will render compara- 
tively safe, a navigation hitherto considered dangerous. 

Considerable additions have been made to the number 
of captains, commanders, lieutenants, surgeons and assist- 
ant surgeons in the navy. These additions were ren- 
dered necessary, by the increased number of vessels put 
in commission, to answer the exigencies of our growing 
commerce. 

Your attention is respectfully invited to the various 
suggestions of the secretary, for the improvement of the 
naval service. 

The report of the postmaster^general exhibits the pro- 
gress and condition of the mail service. The operations 
of the post-office department, constitutes one of the 
most active elements of our national prosperity, and it 
is gratifying to observe with what vigor they are con- 
ducted. The mail routes of the United States cover an 

19 



218 THE TRUE REPUBLICAN. 

extent of about one hundred and forty-two thousand eight 
liundred and seventy-seven miles, having been increased 
about thirty-seven thousand one hundred and three miles, 
within the last two years. 

The annual mail transportation on these routes is about 
«?6,228,962 miles, having been increased about 10,359,- 
476 miles within the same period. The number of post- 
offices has also been increased from 10,770, to 12,099, 
very few of which receive the mails less than once a 
week, and a large portion of them daily. Contractors 
and post-masters in general are represented as attend- 
ing to their duties with most commendable zeal and 
fidelity. 

The revenue of the department within the year ending 
on the 30th of June last, was $4,137,066 59 ; and its lia- 
bilities accruing within the same time, were $3,380,847 
75. The increase of revenue over that of the preceding 
year, was $708,166 41. 

For many interesting details, I refer you to the report 
of the postmaster-general, v/ith the accompanying paper. 
Your particular attention is invited to the necessity of pro- 
viding a more safe and convenient building for the accom- 
modation of the department. 

I lay before Congress copies of reports, submitted in 
pursuance of a call made by me upon the heads of depart- 
ments, for such suggestions as their experience might 
enable them to make, as to what further legislative pro- 
visions may be advantageously adopted to secure the 
faithful application of public money to the objects for which 
they are appropriated ; to prevent their misapplication or 
embezzlement by those intrusted with the expenditure of 
them ; and generally to increase the security of the 
government against losses in their disbursement. It is 
needless to dilate on the importance of providing such 
new safeguards as are within the power of legislation 
to promote these ends ; and I have little to add to 
the recommendations submitted in the accompanying 
papers. 

By law, the terms of service of our most important 
collecting and disbursing officers in the civil departments, 
are limited to four years, and when re-appointed, their 



VAN BUREN's first ANNUAL MESSAGE. 219 

bonds are required to be renewed. The safety of the 
public is much increased by this feature of the law, and 
there can be no doubt that its application to all officers 
intrusted with the collection or disbursement of the pub- 
lic money, whatever may be the tenure of their offices, 
would be equally beneficial. I therefore recommend, in 
addition to such of the suggestions presented by the heads 
of department as you may think useful, a general provi- 
sion that all officers of the army or navy, or in the civil 
department, intrusted with the receipt or payment of the 
public money, and whose term of service is either un- 
limited or for a longer time than four years, be required 
to give bonds, with good and sufficient securities, at the 
expiration of every such period. 

A change in the period of terminating the fiscal year, 
from the first of October to the first of April, has been 
frequently recommended, and appears to be desirable. 

The distressing casualties in steamboats, which have 
so frequently happened, during the year, seem to evince 
the necessity of attempting to prevent them by means of 
severe provisions connected with their custom-house 
papers. This subject was submitted to the attention of 
Congress by the secretary of the treasury, in his last 
annual report, and will be again noticed at the present 
session, with additional details. It will doubtless receive 
that early and careful consideration which its pressing 
importance appears to require. 

Your attention has heretofore been frequently called 
to the affairs of the District of Columbia, and I should 
not again ask it, did not their entire dependence on Con- 
gress give them a constant claim upon its notice. Sepa- 
rated by the constitution from the rest of the Union, 
limited in extent, and aided by no legislature of its own, 
it would seem to be a spot where a wise and uniform sys- 
tem of local government might have been easily adopted. 

This district, however, unfortunately, has been left to 
linger behind the rest of the Union ; its codes, civil and 
criminal, are not only very defective, but full of obsolete 
or inconvenient provisions ; being formed of portions of 
two states, discrepancies in the laws prevail in different 
narts of the territory, small as it is ; and although it was 



220 THE TRUE REPUBLICAN. 

selected as the seat of the general government, the si(o 
of its public edifices, the depository of its archives, and 
the residence of officers intrusted with large amounts of 
public property, and the management of public business, 
yet it has never been subjected to, or received, that spe- 
cial and comprehensive legislation which these circum 
stances peculiarly demand. 

I am well aware of the various subjects of greater 
magnitude and immediate interest, that press themselves 
on the consideration of Congress ; but I believe ihere is 
no one that appeals more directly to its justice, man a 
liberal and even generous attention to the interests of rhe 
District of Columbia, and a thorough and careiul revi- 
sion of its h>cal government. 



HARRISON'S INAUGURAL ADDRESS, 
March 4 1841. 

Fellow-Citizens : 

Called from a retirement which I had supposed was to 
continue for the residue of my life, to fill the Chief Ex- 
ecutive office of this great and free nation, I appear before 
you, to take the oaths which the Constitution prescribes, 
as a necessary qualification for the performance of its du- 
ties. And in obedience to a custom coeval with our go- 
vernment and what I believe to be your expectations, I 
proceed to present to you a summary of the principles 
which will govern me in the discharge of the duties which 
I shall be called upon to perform. 

It was the remark of a Roman Consul, in an early pe- 
riod of that celebrated republic, that a most striking con 
trast was observable in the conduct of candidates for of- 
fices of power and trust, before and after obtaining them — 
they seldom carrying out, in the latter case, the pledges 
and promises made in the former. However much the 
world may have improved, in many respects, in the lapse 




^«/f (K],SiJA[BKQS©^fa, 



^^ /^/^c^. 



1^^^^ 



221 

of upH'ards of two thousand years since the remark was 
made by the virtuous and indignant Roman, I fear that a 
strict examination of the annals of some of the modern 
elective governments, would develope similar instances 
of violated confidence. 

Although the fiat of the people has gone forth, pro- 
claiming me the Chief Magistrate of this glorious Union, 
nothing upon their part remaining to be done, it may be 
thought that a motive may exist to keep up the delusion 
under which they may be supposed to have acted in rela- 
tion to my principles and opinions ; and perhaps there 
may be some in this assembly who have come here either 
prepared to condemn those I shall now deliver, or, ap- 
proving them, to doubt the sincerity with which they are 
uttered. But the lapse of a few months will confirm or 
dispel their fears. The outline of principles to govern, 
and measures to be adopted, by an Administration not yet 
begun, will soon be exchanged for immutable history, and 
I shall stand, either exonerated by my countrymen, or class- 
ed with the mass of those who promised that they might 
deceive, and flattered with the intention to betray. How- 
ever strong may be my present purpose to realize the 
expectations of a magnanimous and confiding people, I 
too well understand the dangerous temptations to which 
I shall be exposed, fron the magnitude of the power which 
it has been the pleasure of the people to commit to my 
hands, not to place my chief confidence upon the aid of 
that Almighty power which has hitherto protected me, 
and enabled me to bring to favorable issues other impor- 
tant but still greatly inferior trusts, heretofore confided to 
me by my country. 

The broad foundation upon which our Constitution 
rests being the people — a breath of theirs having made, 
as a breath can unmake, change or modify it — it can be 
assigned to none of the great divisions of Government, 
but to that of democracy. If such is its theory, those 
who are called upon to administer it must recognize, as 
its leading principle, the duty of shaping their measures 
so as to produce the greatest good to the greatest number. 
But, with those broad admissions, if we wojuld compare 
the sovereignty acknowledged to exist in the mass of our 
19* 



222 THE TRUE REPUBLICAN. 

people, with tne power claimed by other sovereignties, 
even by those which have been considered most purely 
democratic, we shall find a most essential difference.— 
All others lay claim to power limited only by their own 
will. The majority of our citizens, on the contrary, pos- 
sess a sovereignty with an amount of power precisely 
equal to that which has been granted to them by the par- 
ties to the national compact, and nothing beyond. We 
admit of no Government by divine right. Believing that, 
so far as power is concerned, the Beneficent Creator has 
made no distinction amongst men, that all are upon, an 
equality, and that the only legitimate right to govern is 
an express grant of power from tlie governed. The Con- 
stitution of the United States is the instrument containing 
this grant of power to the several departments composing 
the Government. On an examination of that instrument, 
it will be found to contain declarations of power granted 
and of power withheld. The latter is also susceptible of 
division, into power which the majority had the right to 
grant, but which they did not think proper to intrust to 
their agents, and that which they could not have granted, 
not being possessed by themselves. In other words, 
there are certain rights possessed by each individual Ame- 
rican citizen, which, in his compact with the others, he 
has never surrendered. Some of them, indeed, he is un- 
able to stirrender, being in the language of our syscem un- 
alienable. The boasted privilege of a Roman citizen was 
to him a shield only against a petty provincial ruler, 
whilst the proud democrat of Athens could console him- 
self* under the sentence of death, for a supposed violation 
of the national faith, which no one understood, and which 
at times was the subject of the mockery of all, or the ba- 
nishment from his home, his family and his country, with 
or without an alleged cause ; that it was the act, not of a 
single tyrant, or hated aristocracy, but of his assembled 
countrymen. Far different is the power of our sove- 
reignty. It can interfere with no one's faith, prescribe 
forms of worship for no one's observance, inflict no pun- 
ishment but after well ascertained guilt, the result of in- 
vestigation under rules prescribed by the Constitution it- 
self. These precious privileges, and those scarcely less 



Harrison's inaugural address. 223 

important, of giving expression to his thoughts and opin- 
ions, either by writing or speaking, unrestrained but by 
the liability for injury to others, and that of a full partici 
pation in all the advantages which flow from the Govern- 
ment, the acknowledged property of all, the American 
citizen derives from no charter granted by his fellow man. 
lie claims them because he is himself a man, fashioned 
by the same Almighty hand as the rest of his species, 
and entitled to a full share of the blessings with which he 
has endowed them. Notwithstanding the limited sove- 
reignty possessed by the people of the United States, and 
the restricted grant of power to the Government which 
they have adopted, enough has been given to accomplish 
all the objects for which it was created. It has been 
found powerful in war, and, hitherto, justice has been ad- 
ministered, an intimate union effected, domestic tranquil- 
lity preserved, and personal liberty secured to the citi- 
zen. As was to be expected, however, from the defect 
of language, and the necessarily sententious manner in 
which the Constitution is written, disputes have arisen as 
to the amount of power which it has actually granted, or 
was intended to grant. 

This is more particularly the case in relation to that 
part of the instrument which treats of the legislative 
branch. And not only as regards the exercise of powers 
claimed under a general clause, giving that body the au- 
thority to pass all laws necessary to carry into effect the 
specified powers, but in relation to the latter also. It is, 
however, consolatory to reflect, that 77205/ of the instances 
of alleged departure from the letter or spirit of the Consti- 
tution, have ultimately received the sanction of a majority 
of the people. And the fact that many of our statesmen, 
most distinguished for talent and patriotism, have been, 
at one time or other of their political career, on both sides 
of each of the most warmly disputed questions, forces upon 
us the inference that the errors if errors they were, are at- 
tributable to the intrinsic difficulty, in many instances, of 
ascertaining the intentions of the framers of the Constitution, 
rather than the influence of any sinister or unpatriotic mo- 
tive. But the great danger to our institutions -does not 
appear to me to be in a usurpation by the Government of 



224 THE TRUE REPUBLICAN. 

power not granted by the people, but by the accumulation 
in one of the departments, of that which was assigned to 
others. Limited as are the powers which have been 
granted, still enough have been granted to constitute a 
despotism, if concentrated in one of the departments. 
This danger is greatly heightened, as it has been always 
observable that men are less jealous of encroachments of 
one department upon another, than upon their own re- 
served rights. AVhen the Constitution of the United States 
first came from the hands of the Convention which form- 
ed it, many of the sternest republicans of the day were 
alarmed at the extent of the power which had been grant- 
ed to the federal government, and more particularly of that 
portion which had been assigned to the Executive branch. 
There were in it features which appeared not to beinhar 
mony with their ideas of a simple representative of De- 
mocracy, or Republic. And knowing the tendency of 
power to increase itself, particularly when exercised by 
a single individual, predictions were made that, at no very 
remote period, the Government would terminate in virtual 
monarchy. It would not become me to say that the fears 
of these patriots have been already realized. But, as I 
sincerely believe that the tendency of measures, and of 
men's opinions, for some years past, has been in that di- 
rection, it is, I conceive, strictly proper that I should take 
this occasion to repeat the assurances I have heretofore 
given, of my determination to arrest the progress of that 
tendency, if it really exists, and restore the Government to 
its pristine health and vigor, as far as this can be effected 
m any legitimate exercise of the power placed in my 
hands. 

I proceed to state, in as summarj'- amanner as I can, my 
opinion of the sources of the evils which have been so ex~ 
tensively complained of, and the correctives which may 
be applied. Some of the former are unquestionably to be 
found in the defects of the Constitution ; others, in my 
judgment, are attributable to a misconstruction of some 
of its provisions. Of the former is the eligibility of the 
same individual to a second term of the Presidency. The 
sagacious mind of Mr. .Jefferson early saw and lamented 
this error, and attempts have been made, hitherto without 



HARRISON .S INAUGURAL ADDRESS. 225 

success, to apply the amendatory power of the States, to 
its correction. As, however, one mode of correction is 
in the power of every President, and consequently in 
mine, it would be useless, and perhaps invidious to enu- 
merate the evils of which, in the opinion of many of our 
fellow-citizens, this error of the sages who framed the 
Constitution, may have been the source, and the bitter 
fruits whicli we are still to gather from it, if it continues 
to disfigure our system. It may be observed, however, 
as a general remark, that republics can commit no greater 
error than to adopt or continue any feature in their sys- 
tems of government which may be calculated to create or 
increase the love of power in the bosoms of those to whom 
necessity obliges them to commit the management of their 
affairs. And surely nothing is more likely to produce 
such a state of mind than the long continuance of an office 
of high trust. Nothing can be more corrupting. 
Nothing more destructive of all those noble feel- 
ings which belong to the character of a devoted re- 
publican patriot. When this corrupting passion once 
takes possession of the human mind, like the love of gold, 
it becomes insatiable. It is the never-dying worm in his 
bosom, grows with his growth and strengthens with the 
declining years of its victim. If this is true, it is the part 
of wisdom for a Republic to limit the service of that offi- 
cer, at least, to whom she has entrusted the management 
of her foreign relations, the execution of her laws, and 
the command of her armies and navies, to a period so 
short as to prevent his forgetting that he is the accounta- 
ble agent, not the principal ; the servant not the master. 
Until an amendment of the Constitution can be effected, 
public opinion may secure the desired object. I give my 
aid to it, by renewing the pledge heretofore given, that un- 
der no circumstances, will I consent to serve a second term. 
But if there is danger to public liberty from the ac- 
knowledged defects of the Constitution, in the want of 
limit to the continuance of the Executive power in the 
same hands, there is, I apprehend, not much less from a 
misconstruction of that instrument, as it regards the 
powers actually given. I cannot conceive that by a fair 
construction, any or either of its provisions would be 



226 THE TRUE REPUBLICAN. 

found to conslitiite the President a part of the legislative 
power. It cannot be claimed from the power to recom- 
mend, since, although enjoined as a duty upon him, it is 
a privilege which he holds in common with every other 
citizen. And although there may be something more of 
confidence in the propriety of the measures recommended 
in tlie one case than in the other, in the obligations of 
ultimate decision there can be no difference. In the lan- 
guage of the Constitution, "all the legislative powers" 
which it grants '* are vested in the Congress of the United 
States." It would be a solecism in language to say that 
any portion of these is not included in the whole. 

It may be said, indeed, that the Constitution has given 
the Executive the power to annul the acts of the legisla- 
tive body, by refusing to them his assent. So a similar 
power has necessarily resulted from that instrument to 
the judiciary, aiid yet the judiciary forms no part of the 
legislature. There is, it is true, this difference between 
these grants of power ; the Executive can put his nega- 
tive upon the acts of the legislature for other causes than 
that of want of conformity to the Constitution, whilst the 
^judiciary can only declare void those which violate that 
instrument. But the decision of the judiciary is final in 
such a case, whereas in every instance where the veto of 
the Executive is applied it may be overcome by a vote of 
two-thirds of both Houses of Congress. The negative 
upon the acts of the legislature, by the Executive autho- 
rity, and that in the hands of one individual, would seem 
to be an incongruity in our system. Like some others of 
a similar character, however, it appears to be highly ex- 
pedient, and if used only with the forbearance, and in the 
spirit which was intended by its authors, it may be pro 
ductive of great good, and be found one of the best safe 
guards to the Union. At the period of the formation of 
the Constitution, the principle does not appear to have 
enjoyed much favor in the State Governments. It existed 
but in two, and in one of these there was a plural Execu- 
tive. If we should search for the motives which ope- 
rated upon the purely patriotic and enlightened assembly 
which framed the Constitution, for the adoption of a pro- 
vision so apparently repugnant to the leading democratic 



Harrison's inaugural address. 227 

principlets, that the majority should govern, we must re- 
ject the idea that they anticipated from it any benefit to 
the ordinary course of legislation. They knew too well 
the hidi deo^ree of intelligence which existed among the 
people, and the enlightened character of the State Legis- 
latures, not to have the fullest confidence that the two bo- 
dies elected by them would be worthy representatives of 
such constituents, and, of course, that they would require 
no aid in conceiving and maturing measures which the 
circumstances of the country might require. And it is 
preposterous to suppose that a thought could for a mo- 
ment have been entertained, that the President, placed at 
the Capital, in the centre of the country, could better un- 
derstand the wants and wishes of the people than their 
own immediate representatives, who spent a part of every 
year among them, living with them, often laboring with 
them, and bound to them by the triple tie of interest, 
duty and affection. To assist or control Congress then 
in its ordinary legislation, could not, I conceive, have been 
the motive for conferring the veto power on the President. 
This argument acquires additional force from the fact of 
its never having been thus used by the first six Presidents, 
— and two of them were members of the Convention, one 
presiding over its deliberations, and the other bearing a 
larger share in consummating the labors of that august 
body than any other person. But if bills never were re- 
turned to Congress by either of the Presidents above re- 
ferred to, upon the ground of their being inexpedient, or 
not as well adapted as they might be to the wants of the 
people, the veto was applied upon that of want of confor- 
mity to the Constitution, or because errors had been com- 
mitted from a too hasty enactment. 

There is another ground for the adoption of the veto 
principle, which had probably more influence in recom- 
mending it to the Convention than any other. I refer to 
the security which it gives to the just and equitable action 
of the legislature upon all parts of the Union. It could 
not but have occurred to the Convention that, in a country 
so extensive, embracing so great a variety of soil and cli- 
mate and consequently of products, and which, from the 
tame causes, must ever exhibit a great difference in the 



228 THE TRUE REPUBLICAN. 

amount of the population of its various sections, calling 
for a great diversity in the employments of the people, 
that the legislation of the majority might not always just- 
ly regard the rights and interests of the minority. And 
that acts of this character might be passed, under an ex- 
press grant by the words of the Constitution, and, there- 
fore, not within the competency of the judiciary to declare 
void. That however enlightened and patriotic they might 
suppose, from past experience, the members of Congress 
might be, and however largely partaking, in the general, 
of the liberal feelings of the people, it was impossible to 
expect that bodies so constituted should not sometimes be 
controlled by local interests and sectional feelings. It 
Was proper, therefore, to provide some umpire, from 
whose situation and mode of appointment more indepen- 
dence and freedom from such influences might be expect- 
ed. Such a one was aflforded by the Executive depart- 
ment, constituted by the Constitution. A person elected 
to that high office, having his constituents in every sec- 
tion, state and sub-division of the Union, must consider 
himself bound by the most solemn sanctions, to guard, 
protect, and defend the rights of all, and of every portion, 
great or small, from the injustice and oppression of the 
rest. I consider the veto power, therefore, given by the 
Constitution to the Executive of the United States, solely 
as a conservative power. To be used only, first, to pro- 
tect the Constitution from violation ; 2dly, the people 
from the effects of hasty legislation where their will has 
been probably disregarded or not well understood ; and, 
3dly, to prevent the effects of combinations violative of 
the rights of minorities. In reference to the second of 
these objects, I may observe that I consider it the right 
and privilege of the people to decide disputed points of 
the Constitution, arising from the general grant of power 
to Congress to carry into effect the powers expressly 
given. And I believe with Mr. Madison, " that repeated 
recognitions, under varied circumstances, in acts of the 
legislature, executive, and judicial branches of the Go- 
vernment, accompanied by indications, indifferent modes, 
of the concurrence of the general will of the nation, as af- 
fording to the President sufficient authority for his consi- 
dering such disputed points as settled. 



Harrison's inaugural address. 229 

Upwards of half a century has elapsed since the adop- 
tion of the present form of Government. It would be an 
object more highly desirable than the gratification of the 
curiosity of speculative statesmen, if its precise situation 
could be ascertained, a fair exhibit made of the operations 
of each of its departments, of the powers which they re- 
spectively claim and exercise, of the collisions which 
have occurred between them, or between the whole Go- 
vernment and those of the States, or either of them. We 
could then compare our actual condition, after fifty years 
trial of our system, with what it was in the commence- 
ment of its operations, and ascertain whether the predic- 
tions of the patriots who opposed its adoption, or the con- 
fident hopes of its advocates have been best realized. The 
great dread of the former seems to have been, that the re- 
served powers of the states would be absorbed by those 
of the Federal Government, and a consolidated power es- 
tablished, leaving to the states the shadow only of that 
independent action for which they had so zealously con- 
tended, and on the preservation of which they relied as 
the last hope of liberty. Without denying that the result 
to which they looked with so much apprehension is in the 
way of being realized, it is obvious that they did not 
clearly see the mode of its accomplishment. The gene- 
ral Government has seized upon none of the reserved 
rights of the states. As far as any open warfare may have 
gone, the state authorities have amply maintained their 
rights. To a casual observer, our system presents no ap- 
pearance of discord between the different members which 
compose it. Even the addition of many new ones has 
produced no jarring. They move in their respective or- 
bits in perfect harmony with the central head, and with 
each other. 

But there is still an under current at work, by which, 
if not seasonably checked, the worst apprehensions of our 
anti-federal patriots will be realized; and not only will 
the State authorities be overshadowed by the great in- 
crease of power in the Executive department of the gene- 
ral Government, but the character of that Government, if 
not its designation, be essentially and radically changed 
This state of things has been in part effected by causes 
20 



t\i\) THE TRUE REPUBLICAN. 

Inherent in the Constitution and in part by the never fail 
ing tendency of political power to increase itself. By 
making the President the sole distributor of all the patron- 
age of'^the Government, the framers of the Constitution 
do not appear to have anticipated at how short a period 
it would become a formidable instrument to control the 
free operations of the state Governments. Of trifling im- 
portance at first, it had, early in Mr. Jefferson's adminis- 
tration, become so powerful as to create great alarm in 
the mind of that patriot from the potent influence it might 
exert in controlling the freedom of the elective franchise. 
If such could then have been the effects of its influence, 
how much greater must be the danger at this time, quad- 
rupled in amount, as it certainly is, and more completely 
under the control of the Executive will than their con- 
struction of their powers allowed, or the forbearing cha- 
racters of all the early Presidents permitted them to make. 
But it is not by the extent of its patronage alone that the 
Executive department has become dangerous, but by the 
use which it appears may be made of the appointing pow- 
ers to bring under its control the whole revenues of the 
country. The Constitution has declared it to be the duty 
of the President to see that the laws are executed, and it 
makes him the Commander-in-chief of the Armies and 
Navy of the United States. If the opinion of the most 
approved writers upon that species of mixed Government, 
which, in modern Europe is termed monarchy in contra- 
distinction to despotism, is correct, there was wanting no 
other addition to the powers of our Chief Magistrate to 
stamp a monarchical character on our Government, but the 
control of the public finances. And to me it appears 
strange, indeed, that any one should doubt, that the en- 
tire control which the President possesses over the offi- 
cers who have the custody of the public money, by the 
power of removal, with or without cause, does, for all 
mischievous purposes at least, virtually subject the trea- 
sures also to his disposal. The first Roman Emperor, 
in his attempt to seize the sacred treasure, silenced the 
opposition of the officer to whose charge it had been com- 
mitted by a significant allusion to his sword. By a se- 
lection of political instruments for the care of the public 



Harrison's inaugural address. 231 

money, a reference to their commission by a President, 
would be quite as effectual an argument as that of Caesar 
to the Roman Knight. I am not insensible of the great 
difficulty that exists in drawing a proper plan for the safe 
keeping and disbursement of the public revenues, and I 
know the importance which has been attached by men of 
great abilities and patriotism to the divorce, as it is called, 
of the treasury from the banking institutions. It is not 
the divorce which is complained of, but the unhallowed 
union of the Treasury with the Executive department, 
which has created such extensive alarm. To this danger 
to our republican institutions, and that created by the in- 
fluence given to the Executive, through the instrumentality 
of the federal officers, I propose to apply all the remedies 
which may be at my command. It was certainly a great 
error in the framers of the Constitution, not to have made 
the officer at the head of the treasury department entirely 
independent of the Executive. He should at least have 
been removable only upon the demand of the popular 
branch of the legislature. I have determined never to re- 
move a Secretary of the Treasury, without communicating 
all the circumstances attending such removal to both 
Houses of Congress. 

The influence of the Executive in controlling the free- 
dom of the elective franchise, through the medium of the 
public officers, can be effectually checked by renew- 
ing the prohibition published by Mr. Jefferson forbid- 
ding their interference in elections further than giving 
their own votes, and their own independence secured 
by an assurance of perfect immunity, in exercising 
this sacred privilege of freemen under the dictates of 
their own unbiassed judgments. Never, with my con- 
sent, shall an officer of the people, compensated for his 
services out of their pockets, become the pliant instrument 
of Executive will. 

There is no part of the means placed in the hands of 
the Executive which might be used with greater effect, 
for unhallowed purposes, than the control of the public 
press. The maxim which our ancestors derived from the 
mother country, that "the freedom of the press is the 
great bulwark of civil and religious liberty," is one of the 



232 THE TRUE REPUBLICAN. 

most precious legacies which they have left us. We have 
learned, too, from our own, as well as the experience of 
other countries, that golden shackles, by whomsoever oi 
by whatever pretence imposed, are as fatal to it as the 
iron bonds of despotism. Tlie presses in the necessary 
employment of the Government should never be used "to 
clear the guilty, or to varnish crime." A decent and 
manly examination of the acts of the government should 
be not only tolerated but encouraged. 

Upon another occasion I have given my opinion, at 
some length, upon the impropriety of Executive inter- 
ference in the legislation of Congress. That the article 
in the Constitution making it the duty of the President to 
communicate information, and authorising him to recom- 
mend measures, was not intended to make him the source 
in legislation, and, in particular, that he should never be 
looked to for schemes of finance. It would be very 
strange, indeed, that the Constitution should have strictly 
forbidden one branch of the legislature from interfering in 
the organization of such bills, and that it should be consi- 
dered proper that an altogether different department of 
the government should be permitted to do so. Some of 
our best political maxims and opinions have been drawn 
from our parent Isle. There are others, however, which 
cannot be introduced into our system without singular 
incongruity and the production of much mischief. And 
this I conceive to be one. No matter in which of the 
houses of Parliament a bill may originate, nor by whom 
introduced, a minister or a member of the opposition, by 
the fiction of law, or rather of constitutional principle, ihe 
sovereign is supposed to have prepared it agreeably to his 
will, and then submitted it to Parliament for tlieir advice 
and consent. Now, the very reverse is the case here, 
not only with regard to the principle, but the forms pre- 
scribed by the Constitution. The principle certainly 
assigns to the only body constituted by the Constitution 
(the legislative body) the power to make laws, and the 
forms even direct that the enactment should be as ascribed 
to them. The Senate in relation to revenue bills, have 
the right to propose amendments ; and so has the Execu- 
tive, by the power given him, to return them to the House 



Harrison's inaugural address. 233 

of Representatives with his objections. It is in his power, 
also, to propose amendments to the existing revenue laws, 
suggested by his observations upon their defective or in- 
jurious operation. But the delicate duty of devising 
schemes of revenue should be left where the Constitution 
has placed it — with the immediate representatives of the 
people. For similar reasons, the mode of keeping the 
public treasure should be prescribed by them, and the 
farther it is removed from the control of the Executive, the 
more wholesome the arrangement, and the more in accor- 
dance with republican principle. 

Connected with this subject is the character of the cur- 
rency. The idea of making it exclusively metallic, how- 
ever well intended, appears to me to be fraught with more 
fatal consequences than any other scheme, having no re- 
lation to the personal rights of the citizens, that has ever 
been devised. If any single scheme could produce the 
effect of arresting, at once, that mutation of condition by 
which thousands of our most indigent fellow-citizens, by 
their industry and enterprise, are raised to the possession 
of wealth, that is the one. If there is one measure better 
calculated than another to produce that state of things so 
much deprecated by all true Republicans, by which the 
rich are daily adding to their hoards, and the poor sinking 
deeper into penury, it is an exclusive metallic currency. 
Or if there is a process by which the character of the 
country for generosity and nobleness of feeling, may be 
destroyed by the great increase and necessary toleration 
of usury, it is an exclusive metallic currency. 

Amongst the other duties of a delicate character which 
the President is called upon to perform, is the supervision 
of the government of the Territories of the United States. 
Those of them which are destined to become members of 
our great political family, are compensated by their rapid 
progress from infancy to manhood, for the partial and tem- 
porary deprivation of their political rights. It is in this Dis- 
trict only, where American citizens can be found, who, un- 
der a settled policy, are deprived of many important political 
privileges, without inspiring hope as to the future. Their 
only consolation under circumstances of such deprivation, 
is that of the devoted exterior guards of a camp — that 
20* 



234 THE TRUE REPUBLICAN. 

their sufferings secure tranquillitj'- and safety within.— 
Are there any of their countrymen who would subject 
them to greater sacrifices, to any other humiliations than 
those essentially necessary to the security of the object 
for which they were thus separated from their fellow 
citizens ? Are their rights alone not to be guaranteed by 
the application of those great principles upon which all 
our Constitutions are founded ? We are told by the 
greatest of British orators and statesmen, that at the com- 
mencement of the war of the Revolution, the most stupid 
men in England spoke of " their American subjects."-^ 
Are there indeed citizens of any of our States who have 
dreamed of their subjects in the District of Columbia? 
Such dreams can never be realized by any agency of 
mine. The people of the District of Columbia are not 
the subjects of the people of the States, but free American 
citizens. Being in the latter condition when the Consti- 
tution was formed, no words used in that instrument could 
have been intended to deprive them of that character. If 
there is any thing in the great principle of unalienable 
rights, so emphatically insisted upon in our Declaration 
of Independence, they could neither make, nor the Uni- 
ted States accept, a surrender of their liberties, and be- 
come the subjects, in other words, the slaves, of their 
former fellow-citizens. If this be true (and it will scarce- 
ly be denied by any one who has a correct idea of his 
own rights as an American citizen) the grant to Congress 
of exclusive jurisdiction in the District of Columbia can 
be interpreted, so far as respects the aggregate people of 
the United States, as meaninor nothinsr more than to allow 
to Congress the controlling power necessary to afford a 
free and safe exercise of the functions assigned to the ge- 
neral Government by the Constitution. In all other re- 
spects, the legislation of Congress should be adapted to 
their peculiar condition and wants, and be conformable 
with their deliberate opinions of their own interests. 

I have spoken of the necessity of keeping the respec- 
tive departments of the Government, as well as all the 
other authorities of our country, within their appropriate 
orbits. This is a matter of difficulty in some cases, as 
the powers which they respectively claim are often not 
defined by any distinct lines. Mischievous, however, io 



HARRISON S INAiUGURAL ADDRESS. 235 

their tendencies, as collisions of this kind may be, those 
which arise between the respective communities which, 
for certain purposes, compose one nation, are much more 
so ; for no such nation can long exist without the careful 
culture of those feelings of confidence and affection which 
are the effective bonds of union between free and confe- 
derated states. Strong as is the tie of interest, it has 
been often found ineffectual. Men, blinded by their pas- 
sions, have been known to adopt measures for their coun- 
try in direct opposition to all the suggestions of policy. 
The alternative, then, is, to destroy or keep down a bad 
passion by creating and fostering a good one ; and this 
seems to be the corner-stone upon which our American 
political architects have reared the fabric of our Govern- 
ment. The cement which was to bind it, and perpetuate 
its existence, was the affectionate attachment between all 
its members. To insure the continuance of this feeling 
produced at first by a community of dangers, of suffer- 
ings, and of interests, the advantages of each were made 
accessible to all. No participation in any good, possess- 
ed by any member of our extensive confederacy, except 
in domestic government, was withheld from the citizen 
of any other member. By a process attended with no dif- 
ficulty, no delays, no expense but that of removal, the citi- 
zen of one might become the citizen of any other, and suc- 
cessively of the whole. The lines, too, separating powers 
to be exercised by the citizens of one state from those of 
another, seemed to be so distinctly drawn as to leave no 
room for misunderstanding. The citizens of each state 
unite in their persons all the privileges which that cha- 
racter confers, and all that they may claim as citizens of 
the United States ; but in no case can the same person, 
at the same time, act as the citizen of two separate states, 
and he is therefore positively precluded from any inter- 
ference with the reserved powers of any state but thai 
of which he is, for the time being, a citizen. He may 
indeed offer to the citizens of other states his advice as to 
their management, and the form in which it is tendered is 
left to his own discretion and sense of propriety. It may be 
observed, however, that organized associations of citizens, 
requiring compliance with their wishes, too much resemble' 
the recommendations of Athens to her allies — supported 



236 THE TRUE REPUBLICAN. 

by an armed and powerful fleet. It was, indeed, to the 
ambition of the leading states of Greece to control the do 
mestic concerns of the others, that the destruction of that 
celebrated confederacy, and subsequently of all its mem- 
bers, is mainly to be attributed. And it is owing to the 
absence of that spirit that the Helvetic confederacy has 
for so many years been preserved. Never has there been 
seen in the institutions of the separate members of any 
confederacy more elements of discord. In the principles 
and forms of government and religion, as well as in the 
circumstances of the several cantons, so marked a discre- 
pance was observable, as to promise any thing but har- 
mony in their intercourse, or permanency in their alliance; 
and yet, for ages neither has been interrupted. Content 
with the positive benefits which their union produced, 
with the independence and safety from foreign aggression 
which it secured, these sagacious people respected the in- 
stitutions of each other, however repugnant to their own 
principles nnd prejudices. 

Our confederacy, fellow-citizens, can only be preserved 
by the same forbearance. Our citizens must be content 
with the exercise of the powers with which the Consti- 
tution clothes them. The attempt of those of one state 
to control the domestic institutions of another, can only 
result in feelings of distrust and jealousy, the certain har- 
bingers of disunion, violence, civil war, and the ultimate 
destruction of our free institutions. Our confederacy is 
perfectly illustrated by the terms and principles governing 
a common co-partnership. There is a fund of power to 
be exercised under the direction of the joint, councils ot 
the allied members, but that which has been reserved by 
the individual members is intangible by the common go- 
vernment, or the individual members composing it. To 
attempt it finds no support in the principles of our Con- 
stitution. 

It should be our constant and earnest endeavor mutual 
ly to cultivate a spirit of concord and harmony among the 
various parts of our confederacy. Experience has abun- 
dantly taught us, that the agitation, by citizens of one 
part of the Union, of a subject not confided to the gene- 
ral Government, but exclusively under the guardianship 



HARRISON S INAUGURAL ADDRESS. 237 

of the local authorities, is productive of no other conse- 
quences than bitterness, alienation, discord, and injury 
to the very cause which is intended to be advanced. Of 
all the orreat interests which appertain to our country, 
that of union — cordial, confiding, fraternal union — is by 
far the most important, since it is the only true and sure 
guaranty of all others. 

In consequence of the embarrassed state of business and 
the currency, some of the states may meet with difficulty 
in their financial concerns. However deeply we may re- 
gret any thing imprudent or excessive, in the engagements 
into which states have entered for purposes of their own, 
it does not become us to disparage the state Governments, 
nor to discourage them from making proper efforts for 
their own relief. On the contrary, it is our duty to en- 
courage them, to the extent of our constitutional authority, 
to apply their best means, and cheerfully to make all ne- 
cessary sacrifices, and submit to all necessary burdens, 
to fulfil their engagements and maintain their credit ; for 
the character and credit of the several states form a 
part of the character and credit of the whole country. 
The resources of the country are abundant ; the enter- 
prise and activity of our people proverbial ; and we 
may well hope that wise legislation and prudent adminis- 
tration, by the respective governments, each acting within 
its own sphere, will restore former prosperity. 

Unpleasant and even dangerous as collisions may some- 
times be between the constituted authorities or the citi- 
zens of our country, in relation to the lines which sepa- 
rate their respective jurisdictions, the results can be of 
no vital injury to our institutions, if that ardent patriotism, 
that devoted attachment to liberty, that spirit of modera- 
tion and forbearance for which our countrymen were 
once distinguished, continue to be cherished. If this con- 
tinues to be the ruling passion of our souls, the weaker 
feeling of the mistaken enthusiast will be corrected, the 
Utopian dreams of the scheming politician dissipated, and 
the complicated intrigues of the demagogue rendered 
harmless. The spirit of liberty is the sovereign balm for 
every injury which our institutions may receive. On the 
contrary, no care that can be used in the construction of 
our Government, no division of powers, no distribution 



238 THE TRUE REPUBLICAN 

of checks in its several departments, will prove effectual 
to keep us a free people, if this spirit is suffered to decay ; 
and decay it will without constant nurture. To the neg- 
lect of this duty the best historians agree in attributing 
the ruin of all the republics with whose existence and fall 
their writings have made us acquainted. 

The same causes will ever produce the same effects ; 
and as long as the love of power is a dominant passion of 
the human bosom, and as long as the understandings of 
men can be warped and their affections changed, by ope- 
rations upon their passions and prejudices, so long will 
the liberties of a people depend on their own constant 
attention to its preservation. The danger to all well- 
established free Governments arises from the unwilling- 
ness of the people to believe in its existence, or from the 
influence of designing men, diverting their attention from 
th-e quarter whence it approaches to a source from which 
it can never come. This is the old trick of those who 
would usurp the government of their country. In the 
name of democracy they speak, warning the people against 
the influence of wealth, and the danger of aristocracy. 
History, ancient and modern, is full of such examples. 
Caesar became the master of the Roman people and the 
Senate, uijder the pretence of supporting the democratic 
claims of the former against the aristocracy of the latter. 
Cromwell, in the character of Protector of the liberties 
of the people, became the Director of England, and 
Bolivar possessed himself of unlimited power with the 
title of his country's Liberator. There is, on the contrary, 
no single instance on record, of an extensive and well-es- 
tablished republic being changed into an aristocracy. 
The tendencies of all such governments, in their decline, 
is to monarchy : and the antagonist principle to liberty, 
there, is the spirit of faction — a spirit which assumes the 
character, and in times of great excitement imposes itself 
upon the people as the genuine spirit of freedom, and, 
like the false Christs, whose coming was foretold by the 
Saviour, seeks, and were it possible, would impose upon the 
true and most faithful disciples of liberty. It is in periods 
like this that it behooves the people to be most watchful of 
those to whom they have entrusted power. And although 



Harrison's Ix\augural address. 239 

there is at times much difllculty in distinguishing the false 
from the true spirit, acahn and dispassionate investigation 
will detect the counterfeit, as well by the character of its 
operations, as the results that are produced. The true 
spirit of liberty, although devoted, persevering, bold, and 
uncompromising in principle — that secured — is mild, and 
tolerant, and scrupulous as to the means it employs ; 
whilst the spirit of party, assuming to be that of liberty, 
is harsh, vindictive and intolerant, and totally reckless as 
to the character of the allies which it brings to the aid of 
its cause. When the genuine spirit of liberty animates 
the body of a people to a thorough examination of their 
affairs, it leads to the excision of every excrescence which 
may have fastened itself upon any of the departments 
of the Government, and restores the system to its pristine 
health and beauty. But the reign of an intolerant spirit 
of party, amongst a free people, seldom fails to result in 
a dangerous accession to the Executive power — intro- 
duced and established amidst unusual professions of devo- 
tion to democracy. 

The foregoing remarks relate, almost exclusively, to 
matters connected with our domestic concerns. It may 
be proper, however, that I should give some indications 
to my fellow-citizens of my proposed course of conduct 
in the management of our foreign relations. I assure 
them, therefore, that it is my intention to use every means 
in my power to preserve the friendly intercourse which 
now so happily subsists with every foreign nation. And 
that although, of course, not well informed as to the state 
of pending negotiations with any of them, I see, in the 
personal characters of their sovereigns, as well as in the 
mutual interests of our own, and of the governments with 
which our relations are most intimate, a pleasing guaranty 
that the harmony so important to the interests of thefr 
subjects, as weli as of our citizens, will not be interrupted 
by the advancement of any claim or pretension upon their 
part to which our honor would not permit us to yield. — 
Long the defender of my country's rights in the field, I 
trust that my fellow citizens will not see, in my earnest 
desire to preserve peace with foreign powers, aoy indi- 
cation that their rights will ever be sacrificed, or the 



240 THE TRUE REPUBLICAN. 

honor of the nation tarnished, by any admission on the 
part of their Cliief Magistrate, unworthy of their former 
glory. In our intercourse with our aboriginal neighbours, 
tlie same liberality and justice which marked the course 
prescribed to me by two of my illustrious predecessors, 
when acting under their direction in the discharge of the 
duties of Superintendent and Commissioner, shall be 
strictly observed. I can conceive of no more sublime 
spectacle — none more likely to propitiate an impartial and 
common Creator — than a rigid adherence to the principles 
of justice, on the part of a powerful nation, in its transac- 
tion with a weaker and uncivilized people, whom circum- 
stances have placed at its disposal. 

Before concluding, fellow citizens, I must say some- 
thing to you on the subject of the parties at this time ex- 
isting in our country. To me it appears perfectly clear 
that the interest of that country requires that the violence of 
the spirit by which those parties are at this time governed, 
must be greatly mitigated, if not entirely extinguished or 
consequences will ensue which are apalling to be thought of. 

If parties in a Republic are necessary to secure a degree 
of vigilance sufficient to keep the public functionaries 
within the bounds of law and duty, at that point the^r use- 
fulness ends : beyond that, they become destructive of 
public virtue, the parent of a spirit antagonist to that of 
liberty, and eventually its inevitable conqtieror. We 
have examples of republics, where the love of country 
and of liberty at one time were the dominant passions of 
the whole mass of citizens, and yet, with the continuance 
of the name and forms of free government, not a vestige of 
these qualities remaining in the bosoms of any one of 
its citizens. It was the beautiful remark of a distin- 
guished English writer, that "In the Roman Senate, 
Octavius had a party, and Anthony a party, but the 
Commonwealth had none." Yet the Senate con 
tinued to meet in the Temple of Liberty, to talk of the 
sacredness and beauty of the Commonwealth, and gaze 
at the statues of the elder Brutus and of the Curtii and 
Decii ; and the people assembled in the forum, not as in 
the days of Camillus and the Scipios, to cast their free 
votes for annual magistrates, or pass upon the acts of the 



Harrison's inaugural address. 241 

Senate, but to receive from the hands of the leaders of 
the respective paties their share of the spoils, and to shout 
for one or the other, as those collected in Gaul or Egypt 
and the lesser Asia would furnish the larger dividend. 
The spirit of liberty had fled, and avoiding the abodes of 
civilized man had sought protection in the wilds of Scythia 
Scandinavia. And so under the operation of the same 
causes and influences it will fly from our Capital and our 
forums. A calamity so awful, not only to our country, 
but to the world, must be deprecated by every patriot, 
and every tendency to a state of things likely to produce 
it immediately checked. Such a tendency has existed — 
does exist. Always the friend of my countrymen, never 
their flatterer, it becomes my duty to say to them, from 
this high place to which their partiality has exalted me, 
that there exists in the land a spirit hostile to their best 
interests — hostile to liberty itself. It is a spirit contracted 
in its views — selfish in its objects. It looks to the 
aggrandizement of a few even to the destruction of the 
interest of the whole. 

The entire remedy is with the people. Something, 
however, may be efl'ected, by the means which they have 
placed in my hands. It is union that we want, not of a 
party for the sake of that party, but a union of the whole 
country, for the sake of the whole country. For the de- 
fence of its interests and its honor against foreign aggres- 
sion — for the defence of those principles for which our 
ancestoiis so gloriously contended. As far as it depends 
upon me, it shall be accomplished. All the influence that 
I possess shall be exerted to prevent the formation at 
least of an Executive party in the halls of the legislative 
body. I Vv'ish for the support of no member of that body 
to any measure of mine that does not satisfy his judgment 
and his sense of duty to those from whom he holds his 
appointment. Nor any confidence in advance from the 
people but that asked for by Mr. Jefierson, " to give 
firmness and eff*ect to the legal administration of. their af- 
fairs." 

I deem the present occasion sufficiently important and 
solemn to justify me in expressing to my fellow-citizens 
a profound reverence for the Christian religion, and a 
21 



243 ' THE TRUE REPUBLICAir. 

thorough conviction that sound morals, religious liberty, 
and a just sense of religious responsibility, are essential- 
ly connected with all true and lasting happiness. And to 
that good Being who lias blessed us by the gifts of civil 
and religious freedom — who watched over and prospered 
the labors of our fathers, and has hitherto preserved to 
us institutions far exceeding in excellence those of any 
other people, let us unite in fervently commending every 
interest of our beloved country in all future time. [Oath 
administered.] 

Fellow-citizens : Being fully invested with that high of- 
fice to which the partiality of my countryjnen has called 
me, I now take an affectionate leave of you. You will 
bear with you to your homes the remembrance of the 
pledge I have this day given, to discharge all the high 
duties of my exalted station according to the best of my 
ability ; and I shall enter upon their performance with en- 
tire confidence in the support of a just and generous 
people. 



TYLER'S ADDRESS. 

April 9, 1841. 

Fellow- Citizens : 

Before my arrival at the seat of Government, the pain- 
ful communication was made to you by the officers pre- 
siding over the several Departments, of the deeply regret- 
ted death of William Henry Harrison, late President 
of the United States. Upon him you had conferred your 
suffrages for the first office in your gift, and had selected 
him as your chosen instrument to correct and reform all 
such errors and abuses as had manifested themselves 
from time to time in tlie practical operation of the Go- 
vernment. While. standing at the threshold of this great 
work, he has, by the dispensation of an all-wise Provi- 
dence, been removed from amongst us, and by the provi- 
sions of the Constitution the efforts to be directed to the 




S, TT ^ a. E 



\}onoi^ 



f/^T 



•^ 



Tyler's address. 243 

accomplishing- of this vitally important task have devolved 
upon myself. This same occurrence has subjected the 
wisdom and sufficiency of our institutions to a^iew test. 
For the first time in our history the person elected to the 
Vice Presidency of the United States, by the happening 
of a contingency provided for in the Constitution, has had 
devolved upon him the Presidential office. The spirit of 
faction, which is directly opposed to the spirit of a lofty 
patriotism, may find in this occasion for assaults upon 
ray administration. And in succeeding, under circum- 
stances so sudden and unexpected, and to responsibilities 
so greatly augmented, to the administration of public af- 
fairs, I shall place in the intelligence and patriotism of the 
people my only sure reliance. My earnest prayer shall be 
constantly addressed to the all-wise and all-powerful Being, 
who made me, and by whose dispensation I am called to 
the high office of President of this confederacy, under- 
standingly to carry out the principles of that Constitution 
which I have sworn ' to protect, preserve, and defend.' 

The usual opportunity which is afforded to a Chief 
Magistrate upon his induction to office of presenting to 
his countrymen an exposition of the policy which would 
guide his administration, in the form of an inaugural ad- 
dress, not having, under the peculiar circumstances which 
have brought me to the discharge of the high duties of 
President of the United States, been aflbrded to me, a 
brief exposition of the principles which will govern me in 
the general course of my administration of public affairs 
would seem to be duL as well to myself as to you. In re- 
gard to foreign nations, the groundwork of my policy will be 
justice on our part to all, submitting to injustice from none. 
"While I shall sedulously cultivate the relations of peace 
and amity with one and all, it shall be my most imperative 
duty to see that the honor of the country shall sustain no 
blemish. With a view to this, the condition of our mili- 
tary defences will become a matter of anxious solicitude. 
The Army, which has in other days covered itself with 
renown, and the Navy not inappropriately termed the 
right arm of the public defence, which has spread a light 
of glory over the American standard in all the waters ol 
the earth, should be rendered replete with efficiency. 



244 THE TRUE REPUBLICAN. 

In view of the fact, well avouched by history, that the 
tendency of all human institutions is to concentrate pow- 
er in the. hands of a single man, and that their ultimate 
downfal has proceeded from this cause, I deem it of the 
most essential importance that a complete separation 
should take place between the sword and thr purse. No 
matter where or how the public moneys shall be deposit- 
ed, so long as the President can exert the power of ap- 
pointing and removing, at his pleasure, the agents select- 
ed for their custody, the Commander-in-chief of the Army 
and Navy is in fact the Treasurer. A permanent and 
radical change should therefore be decreed. The patro- 
nage incident to the presidential office, already great, is 
constantly increasing. Such increase is destined to keep 
pace with the growth of our population, until without a 
figure of speech, an army of office-holders may be spread 
over the land. The unrestrained power exerted by a 
selfishly ambitious man, in order either to perpetuate his 
authority, or to hand it over to some favorite as his suc- 
cessor, may lead to the employment of all the means with- 
in his control to accomplish his object. The right to re- 
move from office, while subjected to no just restraint, is 
inevitably destined to produce a spirit of crouching ser- 
vility with the official corps, which, in order to uphold 
the hand which feeds them, would lead to direct and ac- 
tive interference in the elections, both state and federal, 
thereby subjecting the course of state legislation to the 
dictation of the Chief Executive Officer, and making the 
will of that officer absolute and supreme. I will, at a pro- 
per time, invoke the action of Congress upon this subject, 
and shall readily acquiesce in the adoption of all proper 
measures which are calculated to arrest these evils, so full 
of danger in their tendency. I will remove no incumbent 
from office who has faithfully and honestly acquitted him- 
self of the duties of his office, except in such cases where 
such officer has been guilty of an active partizanship, or 
by secret means — the less manly, and therefore the more 
objectionable — has given his official influence to the pur- 
poses of party, thereby bringing the patronage of the go- 
vernment in conflict with the freedom of election. Nu- 
merous removals may become necessary under this rirle 



TYLER S ADDRESS. 245 

These will be made by me through no acerbity of feeling. 
1 have had no cause to cherish or indulge unkind feel- 
ings towards any, but my conduct will be regulated by a 
profound sense of what is due to the country and its in- 
stitutions ; nor shall I neglect to apply the same unbend- 
ing rule to those of my own appointment. Freedom of 
opinion will be tolerated, the full enjoyment of the right 
of suffrage will be maintained as the birthright of every 
American citizen, but I say emphatically to the official 
corps, ' thus far and no ftirther.' I have dwelt longer 
upon this subject, because removals from office are likely 
often to arise, and I would have my countrymen to un- 
derstand the principle of the Executive action. 

In all public expenditures the most rigid economy 
should be resorted to, and, as one of its results, a public 
debt in time of peace be sedulously avoided. A wise and. 
patriotic constituency will never object to the imposition 
of necessary burdens for useful ends ; and true wisdom 
dictates the resort to such means, in order to supply de- 
ficiencies in the revenue, rather than to those doubtful 
expedients, which, ultimating in a public debt, serve to 
embarrass the resources of the country and to lessen its 
ability to meet any great emergency which may arise. 
All sinecures should be abolished. The appropriations 
should be direct and explicit, so as to leave as limited a 
share of discretion to the disbursing agents as may be found 
compatible with the public service. A strict responsi- 
bility on the part of all the agents of the Government 
should be maintained, and peculation or defalcation 
visited with immediate expulsion from office and the 
most condign punishment. 

The public interest also demands that, if any war has 
existed between the Government and the currency, it 
shall cease. Measures of a financial character, now hav- 
ing the sanction of legal enactment, shall be faithfully en- 
forced until repealed by the legislative authority. But I owe 
it to myself to declare that I regard existing enactments as 
unwise and impolitic, and in a high degree oppressive. I 
shall promptly give my sanction to any constitutional mea- 
sure which, originating in Congress, shall have for its ob- 
20 



246 THE TRUE REPUBLICAN. 

ject the restoration of a sound circulating medium, so essen- 
tially necessary to give confidence in all the transactions 
of life, to secure to industry its just and adequate rewards, 
and to re-establish the public prosperity. In deciding 
upon the adaption of any such measure to the end pro- 
posed as well as its conformity to the Constitution, I 
shall resort to the Fathers of the great Republican school 
for advice and instruction, to be drawn from their sage 
views of our system of Government, and the light of 
their ever glorious example. 

The institutions under which we live, my country- 
men, secure each person in the perfect enjoyment of. all 
his rights. The spectacle is exhibited to the world of a 
Government deriving its powers from the consent of the 
governed, and having imparted to it only so much power 
as is necessary for its successful operation. Those who 
are charged with its administration should carefully ab- 
stam from all attempts to enlarge the range of powers 
thus granted to the several departments of the Govern- 
ment, other than by an appeal to the People for additional 
grants, lest by so doing they disturb that balance which 
the patriots and statesmen who framed the Constitution 
designed to establish between the Federal Government 
and the States composing the Union. The observance 
of these rules is enjoined upon us by that feeling of re- 
verence and affection which finds a place in the heart of 
every patriot for the preservation of union and the bless- 
ings of union — for the good of our children and our 
children's children, through countless generations. An 
opposite course could not fail to generate factions, intent 
upon the gratification of their selfish ends ; to give birth 
to local and sectional jealousies, and to ultimate either in 
breaking asunder the bonds of union, or in building up a 
central system, which would inevitably end in a bloody 
sceptre and an iron crown. 

In conclusion, I beg you to be assured that I shall exert 
myself to carry the foregoing principles into practice during 
my administration of the Government, and, confiding in the 
protecting care of an ever-watchful and overruling Provi- 
dence, it shall be my first and highest duty to preserve 



TYLER S FIRST MESSAGE. 247 

unimpaired the free institutions under which we live, and 
transmit them to those who shall succeed me in their full 
force and vigor. 



TYLER'S FIRST MESSAGE, 

June 1, 1841. 

To the Senate, and 

House of Representatives of the United States : 

Fellow- Citizens : — You have been assembled, in your 
respective halls of legislation, under a proclamation bear- 
ing the signature of the illustrious citizen who was so 
lately called by the direct suffrages of the people to the 
discharge of the important functions of their chief execu- 
tive office. Upon the expiration of a single month from 
the day of his installation, he has paid the great debt of 
nature, leaving behind him a name associated with the re- 
collection of numerous benefits conferred upon the coun- 
try during a long life of patriotic devotion. With this 
public bereavement are connected other considerations 
which will not escape the attention of Congress. The 
preparations necessary for his removal to the seat of Go- 
vernment in view of a residence of four years, must have 
devolved upon the late President heavy expenditures, 
which, if permitted to burden the limited resources of his 
private fortune, may tend seriously to the embarrassment 
of his surviving family ; and it is therefore respectfully 
submitted to Congress whether the ordinary principles of 
justice would not dictate the propriety of its legislative 
interposition. By the provisions of the fundamental 
law, the powers and duties of the high station to which 
he was elected have devolved upon me, and in the disposi- 
tion of the representatives of the States and of the people 
will be found to a great extent a solution of the problem 
to which our institutions are for the first time subjected. 



248 THE TRUE REPUBLICAN. 

In entering upon the duties of this office, I did not feel 
that it would be becoming in me to disturb what had been 
ordered by my lamented predecessor. AVhatever, there- 
fore, may have been my opinion, originally, as to the pro- 
priety of convening Congress at so early a day from that 
of its late adjournment, I found a new and controlling in- 
ducement not to interfere with the patriotic desires of the 
late President, in the novelty of the situation in which I was 
so unexpectedly placed. My first wish, under such cir- 
cumstances, would necessarily have been to have called 
to my aid, in the administration of public affairs, the com- 
bined wisdom of the two Houses of Congress, in order to 
take their counsel and advice as to the best mode of extri- 
cating the Government and the country from the embar- 
rassments weighing heavily on both. I am then most 
happy in finding myself, so soon after my accession to 
the Presidency, surrounded by the immediate representa- 
tives of the states and people. 

No important changes having taken place in our for- 
eign relations since the last session of Congress, it is not 
deemed necessary on this occasion to go into a detailed 
statement in regard to them. I am happy to say that 1 
see nothing to destroy the hope of being able to preserve 
peace. 

The ratification of the treaty with Portugal has been 
duly exchanged between the two Governments. This Go- 
vernment has not been inattentive to the interests of those 
of our citizens who have claims on the Government of 
Spain founded on express treaty stipulations ; and a hope is 
indulged that the representations which have been made 
to that Government on this subject may lead ere long to 
beneficial results. 

A correspondence has taken place between the Secre- 
tary of State and the Minister of Her Britannic Majesty 
accredited to this Government, on the subject of Alexan- 
der McLeod's indictment and imprisonment, copies of 
which are herewith communicated to Congress. 

In addition to what appears from these papers, it may 
be proper to state that Alexander McLeod has been heard 
by the Supreme Court of the State of New York on his 
motion to be discharged from imprisonment, and that the 
decision of that oourt has not as yet been pronounced. 



249 

The Secretary of State has addressed to me a paper 
upon two subjects, interesting to the commerce of the 
country, which will receive my consideration, and which 
I have the honor to communicate to Congress. 

So far as it depends on the course of this Government, 
our relations of good will and friendship will be sedu- 
lously cultivated with all nations. The true American 
policy will be found to consist in the exercise of a spirit 
of justice to be manifested in the discharge of all our in- 
ternational obligations, to the weakest of the family of na- 
tions, as well as to the most powerful. Occasional con- 
flicts of opinion may arise, but when the discussions in- 
cident to them are conducted in the language of truth, and 
with a strict regard to justice, the scourge of war will for 
the most part be avoided. The time ought to be regard- 
ed as having gone by when a resort to arms is to be es- 
teemed as the only proper arbiter of national differences. 

The census recently taken shows a regularly progres- 
sive increase in our population. On the breaking out of 
the war of the revolution, our numbers scarcely equalled 
three millions "of souls; they already exceed seventeen 
millions, and will continue to progress in a ratio which 
duplicates in a period of about twenty-three years. The 
old States contain a territory sufficient in itself to maintain 
a population of additional millions, and the most populous 
of the new States may even yet be regarded as but partial- 
ly settled, while of the new lands on this side of the 
Rocky mountains, to say nothing of the immense region 
which stretches from the base of those mountains to the 
mouth of the Columbia river, about 270,000,000 of acres, 
ceded and u needed, still remain to be brought into mar- 
ket. We hold out to the people of other countries an in- 
vitation to come and settle among us as members of our 
rapidly growing family, and, for the blessings which we 
offer them, we require them to look upon our country, as 
their country, and to unite with us in the great task of pre- 
serving our institutions, and thereby perpetuating our liber- 
ties. No motive exists for foreign conquests. We desire but 
to reclaim our almost illimitable wilderness, and thereby 
to introduce into their depths the light of civilization. 
While we shall at all times be prepared to vindicate the 



250 THE TRUE REPUBLICAN. 

national honor, our most earnest desire will be to main- 
tain an unbroken peace. 

In presenting the foregoing views, I cannot withhold 
the expression of the opinion that there exists nothing in 
the extension of our empire over our acknowledged pos- 
sessions to excite the alarm of the patriot for the safety of 
our institutions. The federative system, leaving to each 
state the care of its domestic concerns, and devolving on 
the federal government those of general import, admits in 
safety of the greatest expansion, but at the same time I 
deem it proper to add that there will be found to exist at 
all times an imperious necessity for restraining all the 
functionaries of this Government within the range of their 
respective powers, thereby preserving a just balance be- 
tween the powers granted to this Government and those 
reserved to the States and to the people. 

From the report of the Secretary of the Treasury, you 
will perceive that the fiscal means present and accruing, 
are insufficient to supply the wants of the Government 
for the current year. The balance in the Treasury on 
the 4th day of March last, not covered by outstanding 
drafts, and exclusive of trust funds, is estimated at $860, 
000. This includes the sum of $215,000 deposited in 
the mint and its branches to procure metal for coining and 
in process of coinage, and which could not be withdravv^n 
without inconvenience ; thus leaving subject to draft in the 
various depositories, the sum of $645,000. By virtue of 
two several acts of Congress, the Secretary of the Treasu- 
ry was authorized to issue, on and after the 4th of March 
last, Treasury Notes to the amount of $5,413,000, making 
an aggregate available fund of $6,058,000 on hand. 

But this fund was chargeable with outstanding Trea- 
sury Notes redeemable in the current year and interest 
thereon to the estimated amount of five millions two hun- 
dred and eighty thousand dollars. There is also thrown 
upon the Treasury the payment of a large amount of de- 
mands accrued in whole or in part in former years, which 
will exhaust the available means of the Treasury, and 
leave the accruing revenue reduced as it is in amount, 
burdened with debt, and charged with the current ex- 
penses of the Government. The aggregate amount of 



Tyler's first message. 251 

outstanding appropriations on the 4th of March last was 
$33,439,616 50, of which $24,210,300 will be re- 
quired during the current year, and there will also be re- 
quired for the use of the War Department additional ap- 
propriations to the amount of two millions five hundred 
and eleven thousand one hundred and thirty two dollars 
and ninety eight cents, the especial objects of which will 
be seen by reference to the report of the Secretary of War 

The anticipated means of the Treasury are greatly in- 
adequate to this demand. The receipts for customs 
for the last three quarters of the last year, amount- 
ed to $12,100,000 ; the receipts for lands for the same time 
to $2,742,450 ; showing an average revenue from both 
sources of $1,236,780 per month. A gradual expan- 
sion of trade growing out of a restoration of confidence, 
together with a reduction in the expenses of collecting, 
and punctuality on the part of collecting officers, may 
cause an addition to the monthly receipt from the customs. 
They are estimated for the residue of the year, from the 
fourth of March, $12,000,000; the receipts from the pub- 
lic land for the same time are estimated at $2,600,000; 
and fronj miscellaneous sources at $170,000 ; making an 
aggregate of available fund within the year of $14,670,000; 
which will leave a probable deficit of $11,406,132 98. 
To meet this, some temporary provision is necessary, un- 
til the amount can be absorbed by the excess of revenues, 
which are anticipated to accrue at no distant day. 

There will fall due within the next three months, 
Treasury Notes of the issues of 1840, including interest, 
about $2,850,000. There is chargeable in the same pe- 
riod for arrearages for taking the sixth census $294,000 ; 
and the estimated expenditures for the current service are 
about $3,100,000, making the aggregate demands upon 
the Treasury, prior to the first of September next, about 
$11,340,000. The ways and means in the Treasury, 
and estimated to accrue within the above named period, 
consist of about $694,000 of funds available on the 2Sth 
ultimo ; an unissued balance of Treasury Notes authori- 
zed by the act of 1841, amounting to $1,955,000, and es- 
timated receipts from all sources of $3,800,000, making 
an aggregate of about $6,450,000, and leaving a probable 
deficit on the 1st of September next of $4,845,000. 



252 THE TRUE REPUBLICAN. 

In order to supply the wants of the Government, an 
intelligent constituency, in view of the best interests, will, 
without hesitation, submit to all necessary burdensi But 
it is nevertheless important so to impose them as to avoid 
defeating the just expectations of the country, growing 
out of pre-existing laws. The act of 2d March, 1833, 
commonly called the Compromise Act, should not be al- 
tered except under urgent circumstances, which are not 
believed at this time to exist. One year only remains to 
complete the series of reductions provided for by that law, 
at which time provisions made by the same law, and 
which will then be brought actively in aid of the manu- 
facturing interests of the Union, will not fail to produce 
the most beneficial results. Under a system of discrimi- 
nating duties imposed for purposes of revenue, in unison 
with the provisions of existing laws, it is to be hoped that 
our policy will, in the future, be fixed and permanent, so 
as to avoid those constant fluctuations which defeat the 
very object they have in view. We shall thus best main- 
tain a position which, while it will enable us the more 
readily to meet the advances of other countries calculated 
to promote our trade and commerce, and will at the same 
time leave in our own hands the means of retaliating with 
greater efl'ect unjust regulations. 

In intimate connexion with the question of revenue is 
that which makes provision for a suitable fiscal agent ca- 
pable of adding increased facilities in the collection and 
disbursement of the public revenues, rendering more se- 
cure their custody, and consulting a true economy in the 
great multiplied and delicate operations of the Treasury 
Department. Upon such an agent, depends, in an emi- 
nent degree, the establishment of a currency uniform in 
value, which is of so great importance to all the essential 
interests of society ; and on the wisdom to be manifested 
in its creation much depends. 

So intimately interwoven are its operations, not only 
with the interests of individuals, but with those of the 
States, that it may be regarded in a great degree as con- 
trolling both. If paper be used as the chief medium of 
circulation, and the power be vested in the Government 
of using it at pleasure, cither in the form of Treasury 



253 

drafts or any other, or if banks be used as the public de- 
positories, with liberty to regard all surplusses, from day 
to day as so much added to their active capital, prices are 
exposed to constant fluctuations, and industry to severe 
suffering. In the one case, political considerations, di- 
rected to party purposes, may control, while excessive 
cupidity may prevail in the other. The public is thus 
constandy liable to imposition. Expansions and contrac- 
tions may follow each other in rapid succession, the one 
engendering a reckless spirit of adventure and speculation, 
which embraces States as well as individuals ; the other 
causing a fall in prices, and accomplishing an entire 
change in the aspect of affairs. Stocks of all kinds ra- 
pidly decline — individuals are ruined, and States embar- 
rassed even in their efforts to meet with punctuality the 
interest on their debts. Such, unhappily, is the state of 
things now existing in the United States. These efli'ects 
may readily be traced to the causes above referred to. 
The public revenues, on being removed from the Bank of 
the United States, under an order of the late President, 
were placed in selected Banks, which actuated by the 
double motive of conciliating the Government and aug- 
menting their profits to the greatest possible extent, en- 
larged extravagantly their discounts, thus enabling all 
other existing banks to do the same. 

Large dividends were declared, which, stimulating the 
cupidity of capitalists, caused a rush to be made to the 
legislatures of the respective States for similar acts of in- 
corporation, which, by many of the States, under a tem- 
porary infatuation, were readily granted, and thus the 
augmentation of the circulating medium, consisting al- 
most exclusively of paper, produced a most fatal delusion. 
An illustration, derived from the land sales of the period 
alluded to, will serve best to show the effect of the whole 
system. The average sales of the public lands, for a 
period often years prior to 1834, had not much exceeded 
$2,000,000 per annum. In 1834 they attained in round 
numbers, to the amount of $6,000,000. In the succeeding 
year, of : "35, they reached $16,000,000. And the next 
year, of 1836, they amounted to the enormous sum of 
$25,000,000. Thus crowded into the short space of three 
23 



254 THE TRUE REPUBLICAN. 

years upwards of twenty-three years' purchase of tlie 
public domain. So apparent had become the necessity 
of arresting this course of things, that the Executive de- 
partment assumed the highly questionable power of dis- 
criminating in the funds to be used in payment by dif- 
ferent classes of public debtors — a discrimination which 
was doubtless designed to correct this most ruinous state 
of things by the exaction of specie in all payments for 
the public lands, but which could not at once arrrest the 
tide which had so strongly set in. Hence the demands 
for specie became unceasing, and corresponding prostra- 
tion rapidly ensued under the necessities created with the 
banks to curtail their discounts, and thereby to reduce 
their circulation. I recur to these things with no dispo- 
sition to censure pre-existing administrations of the Go- 
vernment, but simply in exemplification of the truth of 
the position which I have assumed. If, then, any fiscal 
agent which may be created, shall be placed, without 
due restrictions, either in the hands of the administrators 
of the Government, or those of private individuals, the 
temptation to abuse will prove resistless. 

Objects of political aggrandizement may seduce the 
first, and the promptings of a boundless cupidity will as- 
sail the last. Aided by the experience of the past, it will 
be the pleasure of Congress so to guard and fortify the 
public interests in the creation of any new agent, so as to 
place them, so far as Jmman wisdom can accomplish it, 
on a footing of perfect security. Within a few years past, 
three difierent schemes have been before the country. The 
charter of the Bank of the United States expired by its 
own limitation in 1836. An effort was made to renew 
it, which I'eceived the sanction of the two houses of Con- 
gress, but then the President of the United States exer- 
cised the veto power, and the measure was defeated. A. 
regard to truth requires me to say that the President was 
fully sustained in the course he had taken, by the popu- 
lar voice. His successor to the Chair of State unquali- 
fiedly pronounced his opposition to any new charter of a 
similar institution ; and not only the popular election 
which brought him into power, but the elections through 
much of his term, seemed clearly to indicate a concur- 



Tyler's first message. 265 

rence with him in sentiment, on the part of the people. 
After the public moneys were withdrawn from the United 
States Bank, they were placed in deposit with the State 
Banks, and the result of that policy has been before the 
country. To say nothing as to the question whether that 
experiment was made under propitious or adverse circum- 
stances, it may safely be asserted that it did receive the un- 
qualified condemnation of most of its early advocates, and 
it is believed was also condemned by the popular senti- 
ment. The existing Sub-Treasury system does not seem 
to stand in higher favor with the people, but has recently 
been condemned in a manner too plainly indicated to 
admit of a doubt. Thus, in the short period of eight 
years, the popular voice may be regarded as having suc- 
cessfully condemned each of the three schemes of finance 
to which I have adverted. 

As to the first, it was introduced at a time (1816) when 
the State banks then comparatively * few in number, had 
been forced to suspend specie payments, by reason of the 
war which had previously prevailed with Great Britain. 
Whether, if the United States Bank charter which ex- 
pired in 1811 had been renewed in due season, it would 
have been enabled to continue specie payments during 
the war and the disastrous period to the commerce of the 
country which immediately succeeded, is, to say the least, 
problematical ; — and whether the United States Bank of 
1816 produced a restoration of specie payments, or the 
same was accomplished through the instrumentality of 
other means, was a matter of some difficulty at that time 
to determine. Certain it is, that for the first years of tlie 
operation of that bank, its course was as disastrous as for 
the greater part of its subsequent career it became emi- 
nently successful. 

As to the second, the experiment was tried with a re- 
dundant Treasury, which continued to increase until it 
seemed to be the part of wisdom to distribute the surplus 
revenue among the States, which, operating at the same 
time with the specie circular, and the causes before ad- 
verted to, caused them to suspend specie payments, and 
involved the country in the greatest embarrassment. And, 
as to the third, if carried through all the stages of trans- 



256 THE TRUE REPUBLICAN. 

formation, from paper and specie to nothing but tne pre* 
cious metals, to say nothing of the insecurity of the pub- 
lic moneys, its injurious effects have been anticipated by 
the country in its unqualified condemnation. 

What is now to be regarded as the judgment of the 
American people on this whole subject, I have no accu- 
rate means of determining, but by appealing to their more 
immediate representatives. The late contest which termi- 
nated in the election of General Harrison to the Presiden- 
cy, was decided on principles well known and openly 
declared — and while the Sub-Treasury received in the 
result the most decided condemnation, no other scheme 
of finance seemed to have been concurred in. To you, 
then, who have come more immediately from the body 
of our common constituents, I submit the entire question, 
as best qualified to give a full exposition of their wishes 
and opinions. I am ready to concur with you in the adop- 
tion of such system as you may propose, reserving to 
myself the ultimate power of rejecting any measure \\hich 
may in my view of it conflict with the Constitution, or 
otherwise jeopard the prosperity of the country — a power 
which I could not part with even if I would, but which I 
will not believe any act of yours will call into requisition, 

I cannot avoid recurring, in connexion with this subject, 
to the necessity which exists for adopting some suitable 
measure whereby the unlimited creation of banks by the 
States may be corrected in future. Such result can be 
most readily achieved by the consent of the States, to be 
expressed in the form of a compact among themselves, 
which they can only enter into with the consent and ap- 
probation of this Government; a consent which might, in 
the present emergency of the public demands, justifiably 
be given in advance of any action by the States, as an in- 
ducement to such action upon terms well defined by the 
act of the tender. Such a measure addressing itself to 
the calm reflection of the States, would find in the expe- 
rience of the past, and the condition of the present, much 
to sustain it. And it is greatly to be doubted whether 
any scheme of finance can prove for any length of time 
successful, while the States shall continue in the unre- 
strained exercise of the power of creating banking corpo- 



25T 

rations. This power can only be limited by their con- 
sent. 

With the adoption of a financial ag-ency of a satisfactory 
character, the hope may be indulged that the country will 
once more return to a state of prosperity. Measures 
auxiliary thereto, and in some measure inseparably con- 
nected with its success, will doubtless claim the attention 
of Congress. Among such, a distribution of the proceeds 
of the sales of the public lands, provided such distribution 
does not force upon Congress the necessity of imposing 
upon commerce heavier burthens than those contemplated 
by the act of 1833, would act as an efficient remedial 
measure by being brought directly in aid of the States. 
As one sincerely devoted to the task of preserving a just 
balance in our system of Government, by the maintenance 
of the States in a condition the most free and respectable, 
and in the full possession of all their power, I can no 
otherwise than feel desirous for their emancipation from 
the situation to which the pressure of their finances now 
subjects them. 

And, while I must repudiate as a measure founded in 
eiror, and wanting constitutional sanction, the slightest 
approach to an assumption by this Government of the 
debts of the States, yet I can see in the distribution ad- 
verted to, much to recommend it. The compacts between 
the proprietor States and this Government, expressly 
guaranty to the States all the benefits which may arise 
from the sales. The mode by which this is to be effected 
addresses itself to the discretion of Congress, as the trus- 
tee for the States ; and its exercise, after the most bene- 
ficial manner, is restrained by nothing in the grants or in 
the Constitution, so long as Congress shall consult that 
equality in the distribution which the compacts require. 

In the present condition of some of the States, the ques- 
tion of distribution may be regarded as substantially a 
question between direct and indirect taxation. If the dis- 
tribution be not made in some form or other, the necessi- 
ty will daily become more urgent with the debtor States for 
a resort to an oppressive system of direct taxation, or 
their credit, and necessarily their power and influence, 
will be greatly diminished. The payment of taxes, aftef 
22* 



258 THE TRUE REPUBLICAN. 

the most inconvenient and oppressive mode, will be ex- 
acted in place of contributions for the most part volun- 
tarily made, and therefore comparatively unoppressive 
The States are emphatically the constituents of this Go- 
vernment ; and we should be entirely regardless of the 
objects held in view by them in the creation of this 
Government, if we could be indifferent to their good. 
The happy effects of such a measure upon all the States 
would immediately be manifested. With the debtor 
States it would effect the relief to a great extent of the 
citizens from a heavy burden of direct taxation, which 
presses with severity on the laboring classes, and emi- 
nently assist in restoring the general prosperity. An im- 
mediate advance would take place in the price of the 
State securities, and the attitude of the States would be- 
come once more, as it should ever be, lofty and erect.— 
With States laboring under no extreme pressure from 
debt, the fund which they would derive from this source 
would enable them to improve their condition in an emi- 
nent degree. 

So far as this government is concerned, appropriations 
to domestic objects, approaching in amount the revenue 
derived from the land sales, might be abandoned, and thus 
a system of unequal and therefore unjust legislation would 
be substituted by one dispensing equality to all the mem- 
bers of this confederacy. Whether such distribution 
should be made directly to the States in the proceeds of 
the sales, or in the form of profits by virtue of the opera- 
tions of any fiscal agency having these proceeds as its ba- 
sis, should such measure be contemplated by Congress, 
would well deserve its consideration. Nor would such 
disposition of the proceeds of the public sales in any 
manner prevent Congress from time to time from passing 
all necessary pre-emption laws for the benefit of actual 
settlers, or from making any new arrangement as to the 
price of the public lands which might in future be esteem- 
ed desirable. 

1 beg leave particularly to call your attention to the ac- 
companying report from the Secretary of War. Be- 
sides the present state of the war which has longafilicted 
the Territory of Florida, and the various other matters of 



Tyler's first message. 259 

interest therein referred to, you will learn from it that the 
Secretary has instituted an inquiry into abuses which pro- 
mises to develope gross enormities in connection with In- 
dian treaties which have been negotiated, as well as tlie 
expenditures for the removal and subsistence of the In- 
dians. He represents, also, other irregularities of a se- 
rious nature that have grown up in the practice of the In- 
dian department, which will require the appropriation of 
upwards of 8200,000 to correct, and which claim the im- 
mediate attention of Congress. 

In reflecting on the proper means of defending the coun- 
try, we cannot shut our eyes to the consequences which 
the introduction and use of the power of steam upon the 
ocean are likely to produce in wars between maritime 
States. We cannot yet see the extent to which this pow- 
er may be applied in belligerent operations, connecting it- 
self as it does with recent improvements in the science of 
gunnery and projectiles ; but we need have no fear of be- 
ing left, in regard to these things, behind the most active 
and skilful of other nations, if the genius and enterprise 
of our fellow-citizens receive proper encouragement and 
direction from Government. 

True wisdom would, nevertheless, seem to dictate the 
necessity of placing in perfect condition those fortifica- 
tions which are designed for the protection of our princi- 
pal cities and railroads. For the defence of our extended 
maritime coast, our chief reliance should be placed on our 
Navy, aided by those inventions which are destined to re- 
commend themselves to public adoption. But no time 
should be lost in placing our principal cities on the sea- 
board and the lakes in a state of entire security from for- 
eign assault. Separated as we are from the countries of the 
old world, and in much unaffected by their policy, we are 
happily relieved from the necessity of maintaining large 
standing armies in times of peace. The policy which 
was adopted by Mr. Monroe, shortly after the conclusion 
of the late war with Great Britain, of preserving a regular 
organized staff sufficient for the command of a large mil- 
itary force, should a necessity for one arise, is founded as 
well in economy as in true wisdom. Provision is thus 
made, upon filling up the rank and file, which can readily 



260 THE TRUE REPUBLICAN. 

be done on any emergency, for the introduction of a sys- 
tem of discipline both promptly and efficiently. All that 
is required in time of peace is, to maintain a sufficient num- 
ber of men to guard our fortifications, to meet any sudden 
contingency, and to encounter the first shock of war. Our 
chief reliance must be placed on the militia. They con- 
stitute the great body of national guards, and, inspired by 
an ardent love of country, will be found ready at all times, 
and at all seasons, to repair with alacrity to its defence. 
It will be regarded by Congress, I doubt not, at a suitable 
time, as one of its highest duties to attend to their com- 
plete organization and discipline. 

The state of the Navy Pension Fund requires the imme- 
diate attention of Congress. By the operation of the act 
of the 3d of March, 1837, entitled "An act for the more 
equitable administration of the Navy PensionlFund," that 
fund has been exhausted. It will be seen from the ac- 
companying report of the Commissioner of pensions that 
there will be required for the payment of Navy pension- 
ers, on the first of July next, $84,006 06j, and on 
the first of January, 1842, the sum of $60,000. In addi- 
tion to these sums, about $6,000 will be required to pay 
arrears of pensions, which will probably be allowed be- 
tween the first of July and the first of January, 1842, 
making in the whole, $150,006 06j. To meet these 
payments there is within the control of the department the 
sum of $28,040, leaving a deficit of $121,966 O65. The 
public faith requires that immediate provision should be 
made for the payment of these sums. 

In order to introduce into the Navy a desirable effi- 
ciency, a new system of accountability may be found to 
be indispensably necessary. To mature a plan having 
for its object the accomplishment of an end so important, 
and to meet the just expectations of the country, require 
more time than has yet been allowed to tlie Secretary at 
the head ©f the department. The hope is indulged that 
by the time of your next regular session measures of im- 
portance, in connexion with this branch of the public ser- 
vice, may be matured for your consideration. 

A though the laws regulating the Post-Office depart- 
ment only require from the officer charged wth its direction 



Tyler's first message. 361 

10 report at the usual annual session of Congress, the Post 
Master General has presented to me some facts connected 
with the financial condition of the Department which are 
deemed worthy the attention of Congress. 

By the accompanying report of that officer, it appears 
that the existing liabilities of that Department beyond the 
means of payment at its command cannot be less than 
five hundred thousand dollars. As the laws organizing 
that branch of the public service confine the expenditure 
to its own revenues, deficiencies therein cannot be pre- 
sented under the usual estimates for the expenses of Gov- 
ernment. It must therefore be left to Congress to deter- 
mine whether the moneys now due to contractors shall 
be paid from the public Treasury, or whether that De- 
partment shall continue under its present embarrassments. 
It will be seen by the report of the Post Master General, 
that the recent lettings of contracts in several of the 
States, have been made at such reduced rates of compen- 
sation as to encourage the belief that, if the department 
was relieved from existing difficulties its future operations 
might be conducted without any further call upon the 
general Treasury. 

The power of appointing to office is one of a character 
the most delicate and responsible. The appointing pow- 
er is evermore exposed to be led into error. With anx- 
ious solicitude to select the most trustworthy for official 
stations, 1 cannot be supposed to possess a personal 
knowledge of the qualifications of every applicant. I 
deem it therefore p.-oper, in this most public manner, to 
invite, on the part of the Senate, a just scrutiny into the 
character and pretensions of every person whom I may 
bring to their notice in the regular form of a nomination 
for office. Unless persons every way trustworthy are 
employed in the public service, corruption and irregularity 
will inevitably follow. I shall with the greatest cheerful- 
ness, acquiesce in the decision of that body, and, it is 
wisely constituted to the Executive department in the per- 
formance of this delicate duty, I shall look to its ' consent 
and advice,' as given only in furtherance of the best in- 
terests of the country. 



263 THE TRUE REPUBLICAN. 

I shall, also, at the earliest proper occasion, invite the 
attention of Congress to such measures as in my judg- 
ment will be best calculated to regulate and control the 
Executive power in reference to this vitally important 
subject. 

I shall also, at the proper season, invite your personal 
attention to the statutory enactments for the suppression 
of the slave trade, which may require to be rendered more 
efficient in their provisions. There is reason to believe 
that the traffic is on the increase. AVhether such increase 
is to be ascribed to the abolition of slave labor in the 
British possessions in our vicinity, and an attendant dimi- 
nution in the supply of those articles which enter into the 
general consumption of the world, thereby augmenting 
the demand from other quarters, and thus calling for ad- 
ditional labor, it were needless to inquire. The highest 
considerations of public honor as well as the strongest 
promptings of humanity, require a resort to the most vi- 
gorous efforts to suppress the trade. 

In conclusion, I beg to invite your particular attention 
to the interests of this District. Nor do I doubt that, in 
a liberal spirit of legislation, you will seek to advance its 
commercial as well as its local interests. Should Con- 
gress deem it to be its duty to repeal the existing Sub- 
Treasury law, the necessity of providing a suitable place 
of deposit for the public moneys which may be required 
within the District must be apparent to all. 

I have felt it to be due to the country to present the 
foregoing topics to your consideration and reflection. 
Others, with which it might not seem proper to trouble 
you at an extraordinary session, will be laid before you 
at a future day. I am happy in committing the important 
affairs of the country into your hands. The tendency of 
public sentiment, I am pleased to believe, is towards the 
adoption, in a spirit of union and harmony, of such mea- 
sures as will fortify the public interests. 

To cherish such a tendency of public opinion is the 
task of an elevated patriotism. That differences of 
opinion as to the means of accomplishing these desirable 
objects should exist, is reasonably to be expected. Nor 
can all be made satisfied with any system of measures. 
But I flatter myself with the hope that the great body of 




W"^ ^ '""^" 




^1/A'S ^o \P(B [Lu^. 



a-^-^-t^ e^ O^ ^a-^l^l^ 



folk's inaugural address, 263 

the people will readily unite in suppport of those whose 
efforts spring from a disinterested desire to promote their 
happiness ; to preserve the Federal and State Govern- 
ments within their respective orbits; to cultivate peace 
with all the nations of the earth, on just and honorable 
grounds ; to exact obedience to the laws ; to entrench 
liberty and prc^perty in full security, and, consulting the 
most rigid economy, to abolish all useless expenses. 



POLK'S INAUGURAL ADDRESS. 

March 4, 1845. 

Fellow citizens: Without solicitation on my part, 
I have been chosen by the free and voluntary suffrages 
of m)^ countrymen to the most honorable and most 
responsible office on earth. I am deeply impressed with 
gratitude for the confidence reposed in me. Honored 
with this distinguished consideration at an earlier period 
of life than any of my predecessors, I cannot disguise 
the diffidence with which I am about to enter on the dis- 
charge of my official duties. 

If the more aged and experienced men who have filled 
the office of President of the United States, even in the 
infancy of the republic, distrusted their ability to dis- 
charge the duties of that exalted station, what ouorht not 
to be the apprehensions of one so much younger and 
less endowed, now that our domain extends from ocean 
to ocean, that our people have so gready increased iu 
numbers, and at a time when so great diversity of 
opinion prevails in regard to the principles and policy 
which should characterize the administration of our 
government? Well may the boldest fear, and the 
wisest tremble, when incurring responsibilities on which 
may depend our country's peace and prosperity, and, in 
some degree, the hopes and happiness of the whole 
human family. 

In assuming responsibilities so vast, I fervently invoke 
the aid of that Almighty Ruler oif the universe, in whoso 



264 polk'3 inaugural address. 

hands are the destinies of nations and of men, to j^uard 
this heaven-favored land against the mischiefs which, 
wilhoLit his guidance, might arise from an unwise pub- 
lic policy. With a firm reliance upon the wisdom of 
Omnipotence to sustain and direct me in the path of duty 
which I am appointed to pursue, I stantl in the presence 
of this assembled multitude of my countrymen, to take 
upon myself the solemn obligation, " to the best of my 
ability, to preserve, protect, and defend the constitution 
of the United States." 

A concise enumeration of the principles wliich will 
guide me in the administrative policy of the government, 
is not only in accordance with the examples set me by 
all my predecessors, but is eminently befitting the occasion. 

The constitution itself, plainly written as it is, the 
safeguard of our federative compact, the offspring of con- 
cession and compromise, binding together in the bonds 
of peace and union this great and increasing family of 
free and independent States, will be the chart by which I 
shall be directed. 

It will be my first care to administer the government 
in the true spirit of that instrument, and to assume no 
powers not expressly granted, or clearly implied in its 
terms. The government of the United States is one of 
delegated and limited powers ; and it is by a strict ad- 
herence to t olearh' granted powers, and by abstaining 
from th? ey-rciot. of doubtful or unauthorized implied 
powers, that we nave the only sure guaranty against the 
recurrence of those unfortunate collisions between the 
Federal and State authorities, which have occasionally 
so much disturbed the harmony of our system, and even 
threatened the perpetuity of our glorious Union. 

" To the States respectively, or to the people,'* 
have been reserved " the powers not delegated to the 
United States by the constitution, nor prohibited by it to 
\he States." Each State is a complete sovereignty with- 
in the sphere of its reserved powers. The government 
of the Union, acting within the sphere of its delegated 
authority, is also a complete sovereignty. While the 
general government should abstain from the exercise of 
authority not clearly delegated to it, the States should be 



folk's inaugural address. 265 

equally careful that, in the maintenance of their rights, 
they do not overstep the limits of powers reserved to 
them. One of the most distinguished of my predeces- 
sors attached deserved importance to " the support of the 
Stale governments in all their rights, as the most compe- 
tent administration for our domestic concerns, and the 
surest bulwark against anti-republican tendencies ;" and 
to the " preservation of the general government in its 
whole constitutional vigor, as the sheet-anchor of our 
peace at home, and safety abroad." 

To the government of the United States has been in- 
trusted the exclusive management of our foreign affairs. 
Beyond that, it wields a few general enumerated powers. 
It does not force reform on the States. It leaves indi- 
viduals, over whom it casts its protecting influence, en- 
tirely free to improve their own condition by the legitimate 
exercise of all their mental and physical powers. It is 
a common protector of each and all the States ; of every 
man who lives upon our soil, whether of native or foreign 
birth ; of every religious sect, in their worship of the 
Almighty according to the dictates of their own con- 
science ; of every shade of opinion, and the most free 
inquiry ; of every art, trade, and occupation, consistent 
with the laws of the States. And we rejoice in the 
general happiness, prosperity, and advancement of our 
country, which have been the offspring of freedom, and 
not of power. 

This most admirable and wisest system of well-regu- 
lated self government among men, ever devised by human 
minds, has been tested by its successful operation for 
more than half a century ; and, if preserved from the 
usurpations of the federal government on the one hand, 
and the exercise by the States of powers not reserved to 
them on the other, will, I fervendy hope and believe, 
endure for ages to come, and dispense the blessings of 
civil and religious liberty to distant generations. To ef- 
fect objects so dear to every patriot, I shall devote my- 
self with anxious solicitude. It will be my desire to 
guard against that most fruitful source of danger to the 
harmonious action of our system, which consists in sub- 
stituting the mere discretion and caprice of the executive, 
23 



266 folk's inaugural address. 

or of majorities in the legislative department of the 
government, for powers which have been withheld from 
the federal government by the constitution. By the 
theory of our government, majorities rule ; but this right 
is not an arbitrary or unlimited one. It is a right to be 
exercised in subordination to the constitution, and in 
conformity to it. One great object of the constitution 
was to restrain majorities from oppressing minorities, or 
encroaching upon their just rights. Minorities have a 
right to appeal to the constitution, as a shield against 
such oppression. 

That the blessings of liberty which cur constitution 
secures may be enjoyed alike by minorities and majori- 
ties, the executive has been wisely invested with a quali- 
fied veto upon the acts of the Legislature. It is a nega- 
tive power, and is conservative in its character. It 
arrests for the time, hasty, inconsiderate, or imconslitu- 
tional legislation ; invites reconsideration, and tranfers 
questions at issue between the legislative and executive 
departments to the tribunal of the people. Like all 
other powers, it is subject to be abused. When judi- 
ciously and properly exercised, the constitution itself 
may be saved from infraction, and the rights of all pre- 
served and protected. 

The inestimable value of our federal Union is felt and 
acknowledged by all. By this system of united and 
confederated States, our people are permitted, collectively 
and individually, to seek their own happiness in their 
own way ; and tiie consequences have been most auspi- 
cious. Since the Union was formed, the number of the 
States has increased from thirteen to twenty-eight: two 
of tliese have taken their positions as members of the 
confederacy within the last week. Our population has 
increased from three to twenty millions. New commu- 
nities and States are seeking protection under its aegis, 
and multitudes from the Old World are flocking to our 
shores to participate in its blessings. Beneath its be- 
nign sway, peace and prosperity prevail. Freed from 
the burdens and miseries of war, our trade and inter- 
course have extended throughout the world. Mind, no 
longer tasked in devising means to accomplish or resist 



POLK S INAUGURAL ADDRESS. 237 

schemes of ambition, usurpation,' or conquest, is devo- 
ting itself to man's true interests, in developing his 
faculties and powers, and the capacity of nature to minis- 
ter to his enjoyments. Genius is free to announce its 
inventions and discoveries; and the hand is free to ac- 
complish whatever the head conceives, not incompatible 
with the rights of a fellow being. All distinctions of 
birth or of rank have been abolished. All citizens, 
whether native or adopted, are placed upon terms of 
precise equality. All are entitled to equal rights and 
equal protection. No union exists between church and 
state, and perfect freedom of opinion is guarantied to all 
sects and creeds. 

These are some of the blessings secured to our happy 
land by our federal Union. To perpetuate them, it is 
our sacred duty to preserve it. Who shall assign limits 
to the achievements of free minds and free hands, under 
the protection of this glorious Union ? No treason to 
mankind, since the organization of society, would be 
equal in atrocity to that of him who would lift his hand 
to destroy it. He would overthrow the noblest struc- 
ture of human wisdom, which protects himself and his 
fellow-man. He would stop the progress of free govern- 
ment, and involve his country either in anarchy or despo- 
tism. He would extinguish the fire of liberty which warms 
and animates the hearts of happy millions, and invites all 
the nations of the earth to imitate our example. If he say 
that error and wrong are committed in the administration 
of the government, let him remember that nothing human 
can be perfect; and that under no other system of gov- 
ernment revealed by Heaven, or devised by man, has 
reason been allowed so free and broad a scope to combat 
error. Has the sword of despots proved to be a safer or 
surer instrument of reform in government than en- 
lightened reason ? Does he expect to find among the 
ruins of this Union a happier abode for our swarming 
millions than they now have under it? Every lover of 
his country must shudder at the thought of the possibility 
of its dissolution, and will be ready to adopt the patriotic 
sentiment, " Our federal Union — it must be preserved." 
To preserve it, the compromises which alone enabled 



268 folk's inaugural address. 

our fathers to form a common constitution for the govern 
ment and protection of so many States, and distinct com- 
munities, of such diversified habits, interests, and do- 
mestic institutions, must be sacredly and religiously ob- 
served. Any attempt to disturb or destroy these com- 
promises, being terms of the compact of Union, can lead 
io none other than the most ruinous and disastrous con- 
sequences. 

It is a source of deep regret that, in some sections of 
our country, misguided persons have occasionally in- 
dulged in schemes and agitations, whose object is the 
destruction of domestic institutions existing in other 
sections — institutions which existed at the adoption of 
the constitution, and were recognized and protected by 
it. All must see that if it were possible for them to be 
successful in attaining their object, the dissolution of the 
Union, and the consequent destruction of our happy form 
of government, must speedily follow. 

I am happy to believe that at every period of our 
existence as a nation, there has existed, and continues 
to exist, among the great mass of our people, a devotion 
to the Union of the States, which will shield and pro- 
tect it against the moral treason of any who would seri- 
ously contemplate its destruction. To secure a continu- 
ance of that devotion, the compromises of the constitu- 
tion must not only be preserved, but sectional jealousies 
and heart-burnings must be discountenanced ; and all 
should remember that they are members of the same 
political family, having a common destiny. To increase 
the attachment of our people to the Union, our laws 
should be just. Any policy which shall tend to favor 
monopolies, or the peculiar interests of sections or classes, 
must operate to the prejudice of the interests of their 
fellow-citizens, and should be avoided. If the comprom- 
ises of the constitution be preserved, — if sectional 
jealousies and heart-burnings be discountenanced, — if 
our laws be just, and the government be practically ad- 
ministered strictly within the limits of power prescribed 
to it, — we may discard all apprehensions for the safety 
of the Union. 

With these views of the nature, character, and objects 



Polk's inaugural address. 269 

of the government, and the value of the Union, I shall 
steadily oppose the creation of those institutions and sys- 
tems which, in their nature, tend to pervert it from its 
legitimate purposes, and make it the instrument of sec- 
tions, classes, and individuals. We need no national 
banks, or other extraneous institutions, planted around 
the government to control or strengthen it in opposition 
to the will of its authors. Experience has taught us 
how unnecessary they are as auxiliaries of the public 
authorities, how impotent for good, and how powerful 
for mischief. 

Ours was intended to be a plain and frugal govern- 
ment ; and I shall regard it to be my duty to recommend 
to Congress, and, as far as the executive is concerned, 
to enforce by all the means within my power, the strict- 
est economy in the expenditure of the public money, 
which may be compatible with the public interest. 

A national debt has become almost an institution of 
European monarchies. It is viewed, in some of them, 
as an essential prop to existing governments. Melan- 
choly is the condition of that people whose government 
can be sustained only by a system which periodically 
transfers large amounts from the labor of the many to the 
coffers of the few. Such a system is incompatible with 
the ends for which our republican government was insti- 
tuted. Under a wise policy, the debts contracted in our 
revolution, and during the war of 1812, have been hap- 
pily extinguished. By a judicious application of the 
revenues, not required for other necessary purposes, it 
is not doubted that the debt which has grown out of the 
circumstances of the last few years may be speedily 
paid off. 

I congratulate my fellow-citizens on the entire restora- 
tion of the credit of the general government of the Union, 
and that of many of the States. Happy would it be for 
the indebted States if they were freed from their liabili- 
ties, many of which were incautiously contracted. Al- 
though the government of the Union is neither in a legal 
nor a moral sense bound for the debts of the Stales, and 
it would be a violation of our compact of Union to as- 
sume them, yet we cannot but feel a deep interest in 
23* 



270 POLK S INAUGURAL ADDRESS. 

seeing all the States meet their public liabilities, and pay 
off their just debts, at the earliest practicable period. 
That they will do so, as soon as it can be done without 
imposing too heavy burdens on their citizens, there is no 
reason to doubt. The sound, moral, and honorable 
feeling of the people of the indebted States, cannot be 
questioned ; and we are happy to perceive a settled dis- 
position on their part, as their ability returns, after a 
season of unexampled pecuniary embarrassment, to pay 
off all just demands, and to acquiesce in any reasonable 
measures to accomplish that object. 

One of the difficulties which we have had to encoun- 
ter in the practical administration of the government, 
consists in the adjustment of our revenue laws, and the 
levy of the taxes necessary for the support of the govern- 
ment. In the general proposition, that no more money 
shall be collected than the necessities of an economical 
administration shall require, all parties seem to acquiesce. 
Nor does there seem to be any material difference of 
opinion as to the absence of right in the government to 
tax one section of country, or one class of citizens, or 
one occupation, for the mere profit of another. " Jus- 
tice and sound policy forbid the federal government to 
foster one branch of industry to the detriment of another, 
or to cherish the interests of one portion to the injury of 
another portion of our common country." I have here- 
tofore declared to my fellow-citizens that, in " my judg- 
ment, it is the duty of the government to extend, as far 
as it may be practicable to do so, by its revenue laws, 
and all other means within its power, fair and just protec- 
tion to all the great interests of the whole Union, embra- 
cing agriculture, manufactures, the mechanic arts, com- 
merce and navigation." I have also declared my opinion to 
be "in favor of a tariff for revenue,'' and that " in adjusting 
the details of such a tariff, I have sanctioned such mode- 
rate discriminating duties as would produce the amount 
of revenue needed, and, at the same time, afford reason- 
able incidental protection to our home industry," and 
that I was " opposed to a tariff for protection merely, 
and not for revenue." 

The power " to lay and collect taxes, duties, imposts, 



folk's inaugural address. 271 

and excises," was an indispensable one to be conferred 
on the federal government, which, without it, would 
possess no means of providing for its own support. In 
executing this power, by levying a tariff of duties for 
the support of government, the raising of revenue should 
be the object^ and protection the incident. To reverse 
this principle, and make protection the object, and 
revenue the incident, would be to inflict manifest injus- 
tice upon all other than the protected interests. In levy- 
ing duties for revenue, it is doubtless proper to make 
such discriminations within the revenue principle, as 
will afTord incidental protection to our home interests. 
Within the revenue limit, there is discretion to discrim- 
inate ; beyond that limit, the rightful exercise of the 
power is not conceded. The incidental protection af- 
forded to our home interests by discriminations within 
the revenue range, it is believed will be ample. In 
making discriminations, all our home interests should, 
as far as practicable, be equally protected. The largest 
portion of our people are agriculturists. Others are em- 
ployed in manufactures, commerce, navigation, and the 
mechanic arts. They are all engaged in their respective 
pursuits, and their joint labors constitute the national or 
home industry. To tax one branch of this home indus- 
try for the benefit of another, would be unjust. No one 
of these interests can rightfully claim an advantage over 
the others, or to be enriched by impoverishing the others. 
All are equally entitled to the fostering care and protec- 
tion of the government. In exercising a sound discre ■ 
tion in levying discriminating duties within the limit 
prescribed, care should be taken that it be done in a 
manner not to benefit the wealthy few, at the expense 
of the toiling millions, by taxing lowest the luxuries of 
life, or articles of superior quality and high price, which 
can only be consumed by the wealthy ; and highest the 
necessaries of life, or articles of course quality and low 
price, which the poor and great mass of our people must 
consume. The burdens of government should, as far as 
practicable, be distributed justly and equally among all 
classes of our population. These general views, long 
entertained on this subject, 1 have deemed it proper to 



272 folk's inaugural address. 

reiterate. It is a subject upon which conflicting interests 
of sections and occupations are supposed to exist, and a 
spirit of mutual concession and compromise in adjusting 
its details should be cherished by every part of our wide- 
spread country, as the only means of preserving harmo- 
ny and a cheerful acquiescence of alt in the operation of 
our revenue laws. Our patriotic citizens in every part 
of the Union will readily submit to the payment of such 
taxes as shall be needed for the support of their govern- 
ment, whether in peace or in war, if they are so levied as 
to distribute the burdens as equally as possible among them. 

The Republic of Texas has made known her desire to 
come into our Union, to form a part of our confederacy, 
and enjoy with us the blessings of liberty secured and 
guarantied by our constitution. Texas was once a part 
of our country — was unwisely ceded away to a foreign 
power — is now independent and possesses an undoubted 
right to dispose of a part or the whole of her territory, 
and to merge her sovereignty, as a seperate and indepen- 
dent State, in ours. I congratulate my country that, by 
an act of the late Congress of the United States, the as- 
sent of this government has been given to the re-union ; 
and it only remains for the two countries to agree upon 
the terms, to consummate an object so important to both. 

I regard the question of annexation as belonging ex- 
clusively to the United States and Texas. They are in- 
dependent powers, competent to contract ; and foreign 
nations have no right to interfere with them, or to take 
exceptions to their re-umon. Foreign powers do not 
seem to appreciate the true character of our government. 
Our Union is a confederation of independent States, 
whose policy is peace with each other and all the world. 
To enlarge its limits is to extend the dominion of peace 
over additional territories and increasing millions. The 
world has nothing to fear from military ambition in our 
government. While the chief magistrate and the popu- 
lar branch of Congress are elected for short terms by the 
suffrages of those millions who must, in their own per- 
sons, bear all the burdens and miseries of war, our gov- 
ernment cannot be otherwise than pacific. Foreign 
powers should, therefore, look on the annexation of Tex- 



273 

as to the United States, not as the conquest of a nation 
seeking to extend her dominions by arms and violence, 
but as the peaceful acquisition of a territory once her 
own, by add.ng another member to our confederation, 
with the consent of that member — thereby diminishing 
the chanches of war, and opening to them new and ever- 
increasing markets for their products. 

To Texas the re-union is important, because the strong 
protecting arm of our government would be extended 
over her, and the vast resources of her fertile soil and 
genial climate would be speedily developed ; while the 
safety of New Orleans, and of our whole southwestern 
frontier against hostile aggression, as well as the interests 
of the whole Union, would be promoted by it. 

In the earlier stages of our national existence, the 
opinion prevailed with some, that our system of confe- 
derated States could not operate successfully over an ex- 
tended territory, and serious objections have, at different 
times, been made to the enlargement of our boundaries. 
These objections were earnestly urged when we acquired 
Louisiana. Experience has shown that they were not 
well founded. The title of numerous Indian tribes to 
vast tracts of country has been extinquished. New States 
have been admitted into the Union : new Territories have 
been created, and our jurisdiction and laws extended 
over them. As our population has expanded, the Union 
has been cemented and strengthened ; as our boundaries 
have been enlarged, and our agricultural population has 
been spread over l large surface, our federative system 
has acquired additional strength and security. It may 
well be doubted whether it would not be in greater dan- 
ger of overthrow if our present population were confined 
to the comparatively narrow limits of the original thirteen 
States, than it is, now that they are sparsely settled over 
a more expanded territory. It is confidently believed 
that our system may be safely extended to the utmost 
bounds of our territorial limits ; and that, as it shall be 
extended, the bonds of our Union, so far from being 
weakened, will become stronger. 

None can fail to see the danger to our safety and future 
peace, if Texas remains an independent State., or becomes 



274 folk's inaugural address. 

an ally or dependency of some foreign nation more pow- 
erful than herself. Is there one among our citizens who 
would not prefer perpetual peace with Texas, to occa- 
sional wars, which so often occur between bordering in- 
dependent nations ? Is there one who would not prefer 
free intercourse with her, to high duties on all our pro- 
ducts and manufactures which enter her ports or cross 
her frontiers ? Is there one who would not prefer an 
unrestricted communication with her citizens, to the 
frontier obstructions which must occur if she remains out 
of the Union ? Whatever is good or evil in the local 
institutions of Texas, will remain her own, whether an- 
nexed to the United States or not. None of the present 
States will be responsible for them, any more than they 
are for the local institutions of each other. They have 
confederated together for certain specified objects. Upon 
the same principle that they would refuse to form a per- 
petual union with Texas, because of her local institutions, 
our forefathers would have been prevented from forming 
our present Union. Perceiving no valid objection to the 
measure, and many reasons for its adoption, vitally affect- 
ing the peace, the safety, and the prosperity of both 
countries, I shall, on the broad principle which formed 
the basis and produced the adoption of our constitution, 
and not in any narrow spirit of sectional policy, endea- 
vor, by all constitutional, honorable, and appropriate 
means, to consummate the expressed will of the people 
and government of the United States, by the re-annexa- 
tion of Texas to our Union at the earliest practicable pe- 
riod. 

Nor will it become in a less degree my duty to assert 
and maintain, by all constitutional means, the right of the 
United States to that portion of our territory which lies 
beyond the Rocky mountains. Our title to the country 
of the Oregon is " clear and unquestionable ;" and al- 
ready are our people preparing to perfect that title, by 
occupying it with their wives and children. But eighty 
years ago, our population was confined on the west by 
the ridge of the Alleghanies. Within that period — within 
the lifetime, I might say, of some of my hearers — our 
people, increasing to many millions, have filled the east- 



polk's inaugural address. 275 

ern valley of the Mississippi; adventurously ascended 
the Missouri to its head springs ; and are already engaged 
in establishing the blessings of self-government in val- 
leys, of which the rivers flow to the Pacific. The world 
beholds the peaceful triumphs of the industry of our 
emigrants. To us belongs the duty of protecting them, 
adequately, wherever they may be upon our soil. The 
jurisdiction of our laws, and the benefits of our republi- 
can institutions, should be extended over them in the dis- 
tant regions which they have selected for their homes. 
The increasing facilities of intercourse will easily bring 
the States, of which the formation in that part of our 
territory cannot be long delayed, within the sphere of 
our federative Union. In the mean time, every obliga- 
tion imposed by treaty or conventional stipulations should 
be sacredly respected. 

In the management of our foreign relations, it will be 
my aim to observe a careful respect for the rights of other 
nations, while our own will be the subject of constant 
watchfulness. Equal and exact justice should charac- 
terize all our intercourse with foreign countries. All 
alliances having a tendency to jeopard the welfare and 
honor of our country, or sacrifice any one of the national 
interests, will be studiously avoided ; and yet no oppor- 
tunity will be lost to cultivate a favorable understanding 
with foreign governments, by which our navigation and 
commerce may be extended, and the ample products of 
our fertile soil, as well as tlie manufactures of our skillful 
artizans, find a ready market and rem.unerating prices in 
foreign countries. 

In taking " care that the laws be faithfully executed," 
a strict performance of duty will be exacted from all 
public officers. From those officers, especially, who are 
charged with the collection and disbursement of the pub- 
lic revenue, will prompt and rigid accountability be re- 
quired. Any culpable failure or delay on their part to 
account for the moneys intrusted to them, at the times 
and in the manner required by law, will, in every instance, 
terminate the official connexion of such defaulting officer 
with the government. 

Although, in our country, the chief magistrate must 



276 folk's inaugural address. 

almost of necessity be chosen by a party, and stand 
pledged to its principles and measures, yet, in his official 
action, he should not be the President of a part only, 
but of the whole people of the United States. While 
he executes the laws with an impartial hand, shrinks from 
no proper responsibility, and faithfully carries out in the 
executive department of the government the principles 
and policy of those who have chosen him, he should not 
be unmindful that our fellow citizens who have diflered 
with him in opinion, are entitled to the full and free ex- 
ercise of their opinions and judgments, and that the rights 
of all are entided to respect and regard. 

Confidently relying upon the aid and assistance of the 
co-ordinate departments of the government in conducting 
our public affairs,! enter upon the discharge of the high 
duties which have been assigned me by the people, again 
humbly supplicating that Divine Being who has watched 
over and protected our beloved country from its infancy 
to the present hour, to continue His gracious benedictions 
upon us, that we may continue to be a prosperous anil 
happy people. 



Taylor's inaugural address. 277 

TAYLOR'S INAUGURAL ADDRESS. 
March 5, 1849. 

Elected by the American people to the highest office 
known to our laws, I appear here to take the oath pre- 
scribed by the Constitution, and in compliance with the 
time-honoured custom, to address those who are now 
assembled. 

The confidence and respect shown by my country- 
men in calling me to be the Chief Magistrate of a Re- 
public holding a high rank among the nations of the 
earth, have inspired me with feelings of the most pro- 
found gratitude ; but when I reflect that the acceptance 
of the office which their partiality has bestowed imposes 
the discharge of the most arduous duties, involves the 
weightiest obligations, I am conscious that the position 
which I have been called to fill, though sufficient to 
satisfy the loftiest ambition, is surrounded by fearful 
responsibilities. Happily, however, in the performance 
of my new duties, I shall not be without able co-opera- 
tion. The legislative and judicial branches of the 
government present prominent examples of distinguished 
civil attainments and matured experience, and it shall 
be my endeavour to call to my assistance, in the exe- 
cutive departments, individuals whose talents, integrity, 
and purity of character, will furnish ample guarantees 
for the faithful and honourable performance of the trusts 
to be committed to their charge. With such aid, and 
an honest purpose to do whatever is right, I hope to 
execute diligently, impartially, and for the best interests 
of the country, the manifold duties devolved upon me. 

In the discharge of these duties, my guide will be the 
Constitution, which I this day swear to preserve, protect, 
and defend. For the interpretation of that instrument, 
I shall look to the decisions of the judicial tribunals 
established by its authority, and to the practice of 
government under the earlier Presidents, who had so 
large a share in its formation. To the example of those 
illustrious patriots I shall always defer with reverence, 
24 



278 THE TRUE RErUBLICATf. 

and especially to his example who was, by so many 
titles, the Father of his Country. 

To command the army and navy of the United 
States ; with the advice and consent of the Senate, to 
make treaties, appoint ambassadors and other officers ; 
to give to Congress information of the state of the Union, 
and recommend such measures as he shall judge to be 
necessary, and to take care that the laws shall be faith- 
fully executed — these are the most important functions 
intrusted to the President by the Constitution, and it 
may be expected that I shall briefly indicate the principles 
which will control me in their execution. 

Chosen by the body of the people, under the assu- 
rance that my administration should be devoted to the 
welfare of the whole country and not to the support of 
any particular section, or merely local interests, I this 
day renew the declarations I have heretofore made, and 
proclaim my fixed determination to maintain, to the ex- 
tent of my ability, the Government in its original purity, 
and to adopt as the basis of my public policy those great 
Republican doctrines which constitute the strength of 
our national existence. 

In reference to the army and navy, lately employed 
with so much distinction in active service, care shall be 
taken to insure the highest condition of efficiency, and 
in furtherance of that object, the Military and Naval 
Schools, sustained by the liberality of Congress, shall 
receive the special attention of the Executive. 

As American freemen, we cannot but sympathize in 
all efforts to extend the blessings of civil and political 
liberty ; but at the same time we are warned by the 
admonitions of history and the voice of our own beloved 
Washington to abstain from entangling alliances with 
foreign nations. In all disputes between conflicting 
governments, it is our interest, not less than our duty, 
to remain strictly neutral ; while our geographical posi- 
tion, the genius of our institutions and our people, the 
advancing spirit of civilization, and, above all, the dictates 
of religion, direct us to the cultivation of peaceful and 
friendly relations with all other powers. It is to be 
hoped that no international question can now arise which 



Taylor's inaugural address. 279 

a government, confident in its own strength, and resolved 
to protect its own just rights, may not settle by wise 
negotiation, and it eminently becomes a government like 
our own, founded on the morality and intelligence of its 
citizens, and upheld by their affections, to exhaust every 
resort of honourable diplomacy before appealing to arms. 
In the conduct of our foreign relations I shall conform 
to these views, as I believe them essential to the best 
interests and true honour of the country. 

The appointing power vested in the President imposes 
delicate and onerous duties. So far as it is possible to 
be informed, I shall make honesty, capacity, and fidelity 
indispensable pre-requisites to the bestowal of office; 
and the absence of either of these qualities shall be 
deemed sufficient cause for removal. 

It shall be my study to recommend such constitutional 
measures to Congress as may be necessarj'' and proper 
to secure encouragement and protection to the great 
interests of agriculture, commerce, and manufactures, to 
improve our rivers and harbours, to provide for the 
speedy extinguishment of the public debt, to enforce a 
strict accountability on the part of all officers of the 
government, and the utmost economy in all public ex- 
penditures. But it is for the wisdom of Congress itself, 
in which all legislative powers are vested by the Consti- 
tution, to regulate these and other matters of domestic 
policy. I shall look with confidence to the enlightened 
patriotism of that body to adopt such measures of con- 
ciliation as may harmonize conflicting interests, and tend 
to perpetuate that union which should be the paramount 
object of our hopes and affections. In any action calcu- 
lated to promote an object so near the heart of every one 
who truly loves his country, I will zealously unite with 
the co-ordinate branches of the government. 

In conclusion, I congratulate you, my fellow-citizens, 
upon the high state of prosperity to which the goodness 
of Divine Providence has conducted our common country. 
Let us invoke a continuance of the same protecting care 
which has led us through small beginnings, to the emi- 
nence to which we have this day arrived, and let us seek 
to deserve that continuance by prudence and moderatioa 



280 THE TRUE REPUBLICAN. 

in our councils, by well directed attempts to assuage the 
bitterness which too often marks unavoidable differences 
of opinion, by the promulgation and practice of just and 
liberal principles, and by an enlarged patriotism, which 
shall acknowledge no limits but those of our own wide- 
spread Republic. 

President Taylor died at the Executive Mansion, in 
Washington City, on the night of the 9th of July, 1850. 
Vice-President Fillmore, the next morning, transmitted the 
following message to Congress, then in session, and at once 
entered upon the duties of his new office, as the 13th Presi- 
dent of the United States : — 

PRESIDENT Fillmore's message. 
Fellovycitizens of the Senate and House of Representatives: 
A great man has fallen among us, and a whole community 
is called to an occasion of unexpected, deep, and general 
mourning. I recommend to the two Houses of Congress 
to adopt such measures as, in their discretion, may seem 
proper to perforni with due solemnities the funeral obse- 
quies of Zachary Taylor, late President of the United States, 
and thereby to signify the great and affectionate regard of 
the American people for the memory of one whose life has 
been devoted to the public service — whose career in arms has 
not been surpassed in usefulness or brilliancy — ^who has 
been so recently raised by the unsolicited voice of the people, 
to the highest civil authority in the government, which he 
administered with so much honour and advantage to his 
country, and by whose sudden death so many hopes of 
future usefulness are blighted for ever. To you. Senators 
and Representatives of a nation in tears, I can say nothing 
which can alleviate the sorrow with which you are op- 
pressed. I appeal to you to aid me under the trying cir- 
cumstances which surround me in the discharge of the 
duties, from which, however much I may be oppressed by 
them, I dare not shrink; and I rely upon Him, who holds 
in His hands the destinies of nations, to endow me with 
the requisite strength for the task, and to avert from our 
country the evils apprehended from the heavy calamity 
which has befallen us. I shall most readily concur in 
whatever measures the wisdom of the two Houses may 
suggest as befitting this deeply melancholy occasion. 

MILLARD FILLMORE. 
Washington, JvXy 10, 1850. 




fflOLii\^[® F3tiK0®^l 




^-^f ' ^<J 




FRANKLIN PIERCE. 



# 



Pierce's inaugural address. 281 

PIERCE'S INAUGURAL ADDRESS. 
March 4, 1853. 

My countrymen : — It is a relief to feel that no heart 
but my own can know the personal regret and bitter 
sorrow, over which I have been borne to a position, so 
suitable for others, rather than desirable for myself. 

The circumstances, under which I have been called, 
for a limited period, to preside over the destinies of the 
Republic fill me with a profound sense of my responsi- 
bility but with nothing like shrinking apprehension. I 
repair to the post assigned me, not as to one sought, but 
in obedience to the unsolicited expression of your will, 
answerable only for a fearless, faithful, and diligent exer- 
cise of my best powers. 

I ought to be, and amy-truly grateful for the rare mani- 
festation of the nation's confidence ; but this, so far from 
lightening my obligations, only adds to their weight. You 
have summoned me in my weakness ; you must sustain 
me by your strength. When looking for the fulfilment 
of reasonable requirements, you will not be unmindful 
of the great changes which have occurred, even within 
the last quarter of a century, and the consequent augmen- 
tation and complexity of duties imposed, in the adminis- 
tration both of your home and foreign affairs. 

Whether the elements of inherent force in the Repub- 
lic have kept pace with its unparalleled progression in 
territory, population, and wealth, has been the subject 
of earnest thought and discussion, on both sides of the 
ocean. Less than sixty-three years ago, the Father of 
his Country made " the" then " recent accession of the 
important State of North Carolina to the Constitution of 
the United States," one of the subjects of his special con- 
gratulation. At that moment, however, when the agita- 
tion consequent upon the revolutionary struggle had hardly 
subsided, when we were just emerging from the weak- 
ness and embarrassment of the Confederation, there was 
an evident consciousness of vigor equal to the great mis- 
sion so wisely and bravely fulfilled by our fathers. It 
24* 



282 Pierce's inaugural address. 

was not a presumptuous assurance, but a calm faith, 
springing from a clear view of the sources of power, in 
a government constituted like ours. 

It is no paradox to say that, although comparatively 
weak, the new-born nation was intrinsically strong. In- 
considerable in population and apparent resources, it 
was upheld by a broad and intelligent comprehension of 
rights, and an all-pervading purpose to maintain them, 
stronger than armaments. It came from the furnace of the 
revolution, tempered to the necessities of the times. The 
thoughts of the men of that day were as practical as their 
sentiments were patriotic. They wasted no portion of 
their energies upon idle and delusive speculations, but 
with a firm and fearless step advanced beyond the go- 
vernmental landmarks, which had hitherto circumscribed 
the limits of human freedom, and planted their standard 
where it has stood, against dangers, which have threatened 
from abroad, and internal agitation, which has at times 
fearfully menaced at home. 

They approved themselves equal to the solution of the 
great problem to understand which their minds had been 
illuminated by the dawning lights of the revolution. — 
The object sought was not a thing dreamed of — it was 
a thing realized. They had exhibited not only the power 
to achieve, but what all history affirms to be so much 
more unusual, the capacity to maintain. The oppressed 
throughout the world, from that day to the present, 
have turned their eyes hitherward, not, to find those 
lights extinguished, or to fear lest they should wane, 
but to be constantly cheered by their steady and increas- 
ing radiance. 

In this, our country has in my judgment thus far ful- 
filled its highest duty to suflfering humanity. It has 
spoken, and will continue to speak, not only by its words 
but by its acts, the language of sympathy, encourage- 
ment, and hope, to those, who earnestly listen to tones, 
which pronounce for the largest rational liberty. But, 
after all, the most animating encouragement and potent 
appeal for freedom will be its own history, its trials and 
its triumphs. Pre-eminently, the power of our advocacy 
reposes in our example ; but no example, be it remem- 



Pierce's inaugural address. 283 

bered, can be powerful for lasting good, whatever appa 
rent advantages may be gained, which is not based upon 
eternal principles of right and justice. Our fathers de- 
cided for themselves, both upon the hour to declare and 
the hour to strike. 

Tliey were their own judges of the circumstances, 
under which it became them to pledge to each other 
"their lives, their fortunes, and their sacred honour," for 
the acquisition of the priceless inheritance transmitted 
to us. The energy, with which that great conflict was 
opened, and under the guidance of a manifest and bene- 
ficent Providence, the uncomplaining endurance, with 
which it was prosecuted to its consummation, were only 
surpassed by the wisdom and patriotic spirit of conces- 
sion, which characterized all the counsels of the early 
fathers. 

One of the most impressive evidences of that wisdom is 
to be found in the fact, that the actual working of our 
system has dispelled a degree of solicitude, which, at the 
outset, disturbed bold hearts and far-reaching intellects. 
The apprehension of dangers from extended territory, 
multiplied States, accumulated wealth, and augmented 
population, has proved to be unfounded. The stars upon 
your banner have become nearly three-fold their original 
number, your densely populated possessions skirt the 
shores of the two great oceans, and yet this vast increase 
of people and territory has not only shown itself compa- 
tible with the harmonious action of the States and the 
Federal government in their respective constitutional 
spheres, but has afforded an additional guarantee of the 
strength and integrity of both. 

With an experience thus suggestive and cheering^ the 
policy of my administration will not be controlled by 
any timid forebodings of evil from expansion. Indeed, it 
is not to be disguised that our attitude as a nation, and 
our position on the globe, render the acquisition of certain 
possessions, not witihn our jurisdiction, eminently impor- 
tant for our protection, if not, in the future, essential for 
the preservation of the rights of commerce and the peace 
of the world. Should they be obtained, it will be through 
no grasping spirit, but with a view to obvious national 



'^284 Pierce's inaugural address. 

interest and security, and in a manner entirely consisten 
with the strictest observance of national faith. 

We have nothing in our history or position to invite 
aggression, we have every thing to beckon us to the culti 
vation of relations of peace and amity with all nations. 
Purposes, therefore, at once just and pacific, will be signi 
ficantly marked in the conduct of our foreign affairs. I 
intend that my administration shall leave no blot upon our 
fair record, and I trust that I may safely give the assurance 
that no act within the legitimate scope of my constitutional 
control will be tolerated, on the part of any portion of our 
citizens, which cannot challenge a ready justification be- 
fore the tribunal of the civilized world. 

An administration would be unworthy of confidence 
at home, or respect abroad, should it cease to be influ- 
enced by the conviction, that no apparent advantage can 
be purchased at a price so dear as that of national wrong 
or dishonour. It is not your privilege, as a nation, to 
speak of a distant past. The striking incidents of your 
history, replete with instruction, and furnishing abundant 
grounds for hopeful confidence, are comprised in a period 
comparatively brief. But if your past is limited, your 
future is boundless. Its obligations throng the unex- 
plored pathway of advancement, and will be limitless 
as duration. Hence, a sound and comprehensive policy 
should embrace, not less the distant future, than the ur- 
gent present. 

The great objects of our pursuits, as a people, are best 
to be attained by peace, and are entirely consistent with 
the tranquillity and interests of the rest of mankind. With 
the neighbouring nations upon our continent, we should 
cultivate kindly and fraternal relations. We can desire 
nothing in regard to them so much, as to see them conso- 
lidate their strength, and pursue the paths of prosperity 
and happiness. If, in the course of their growth, we 
should open new channels of trade and create additional 
facilities for friendly intercourse, the benefits realized will 
be equal and mutual. 

Of the complicated European systems of national po- 
lity we have heretofore been independent. From their 
wars, their tumults and anxieties, we have been, happily 



Pierce's inaugural address. 285 

almost entirely exempt. Whilst these are confined to 
the nations which gave them existence, and within their 
legitimate jurisdiction, they cannot affect us, except as 
they appeal to our sympathies in the cause of human 
freedom and universal advancement. But the vast inte- 
rests of commerce are common to all mankind, and the 
advantages of trade and international intercourse must 
always present a noble field for the moral influence of a 
great people. 

With these views firmly and honestly carried out, we 
have a right to expect, and shall under all circumstan- 
ces require, prompt reciprocity. The rights, which be- 
long to us as a nation, are not alone to be regarded, but 
those which pertain to every citizen in his individual 
capacity, at home and abroad, must be sacredly main- 
tained. So long as he can discern every star in its place 
upon that ensign, without wealth to purchase for him 
preferment, or title to secure for him place, it will be 
his privilege, and must be his acknowledged right to stand 
unabashed even in the presence of princes, with a proud 
consciousness that he is himself one of a nation of sove- 
reigns, and that he cannot, in legitimate pursuit, wan- 
der so far from home, that the agent, whom he shall leave 
behind in the place which I now occupy, will not see that 
no rude hand of power or tyrannical passion is laid upon 
him with impunity. He must realize, that upon every 
sea, and on every soil, where our enterprise may right- 
fully seek the protection of our flag, American citizen- 
ship is an inviolable panoply for the security of American 
rights. And in this connexion, it can hardly be neces- 
sary to re-aflirm a principle which sliould now be re- 
garded as fundamental. The rights, security, and re- 
pose of this Confederacy reject the idea of interference 
or colonization, on this side of the ocean, by any foreign 
power, beyond present jurisdiction, as utterly inadmis- 
sible. 

The opportunities of observation, furnished by my brief 
experience as a soldier, confirmed in my own mind the 
opinion, entertained and acted upon by others from the 
formation of the government, that the maintenance of 
large standing armies in our country would be not only 



286 Pierce's inaugural addres^s. 

dangerous, but unnecessary. They also illustrated the 
importance, I might well say the absolute necessity, of 
the military science and practical skill furnished, in such 
an eminent degree, by the institution, which has made 
your army what it is, under the discipline and instruction 
of officers not more distinguished for their solid attain- 
ments, gallantry, and devotion to the public service, than 
for unobtrusive bearing and high moral tone. 

The army, as organized, must be the nucleus, around 
which, in every time of need, the strength of your mili- 
tary power, the sure bulwark of your defence — a na- 
tional militia — may be readily formed into a well disci- 
plined and efficient organization. And the skill and self- 
devotion of the navy assure you that you may take the 
performance of the past as a pledge for the future, and 
may confidently expect that the flag, which has waved 
"its untarnished folds over every sea, will still float in 
undiminished honour. But these, like many other sub- 
jects, will be appropriately brought, at a future time, 
to the attention of the co-ordinate branches of the go- 
vernment, to which I shall always look with profound 
respect, and with trustful confidence that they will ac- 
cord to me the aid and support, which I shall so much 
need, and which their experience and wisdom will readily 
suggest. 

In the administration of domestic afTairs, you expect a 
devoted integrity in the public service, and an observance 
of rigid economy in the departments, so marked as never 
justly to be questioned. If this reasonable expectation 
be not realized, I frankly confess that one of your lead- 
ing hopes is doomed to disappointment, and that my ef- 
forts, in a very important particular, must result in a 
humiliating failure. Offices can be properly regarded 
only in the light of aids for the accomplishment of these 
objects; and as occupancy can confer no prerogative, nor 
importunate desire for preferment any claim, the public 
interest imperatively demands that they be considered 
with sole reference to the duties to be performed. Good 
citizens may well claim the protection of good laws and 
the benign influence of good government ; but a claim 



PIERCERS INAUGURAL ADDRESS. 287 

for office is what the people of a republic should never 
recognize. 

No reasonable man of any party will expect the admi- 
nistration to be so regardless of its responsibility, and of 
the obvious elements of success, as to retain persons, 
known to be under the influence of political hostility and 
partisan prejudice, in positions, which will require, not 
only severe labour, but cordial co-operation. Having no 
implied engagements to ratify, no rewards to bestow, no 
resentments to remember, and no personal wishes to con- 
sult, in selections for official station, I shall fulfil this dif- 
ficult and delicate trust, admitting no motive as worthy 
either of my character or position, which does not contem- 
plate an efl^cient discharge of duty and the best interests 
of my country. 

I acknowledge my obligations to the masses of my 
countrymen, and to them alone. Higher objects than 
personal aggrandizement gave direction and energy to 
their exertion in the late canvass, and they shall not be 
disappointed. They require at my hands diligence, inte- 
grity, and capacity, wherever there are duties to be per- 
formed. Without these qualities in their public servants, 
more stringent laws, for the prevention or punishment of 
fraud, negligence and peculation, will be vain. With 
them, they will be unnecessary. 

But these are not the only points, to which you look 
for vigilant watchfulness. The dangers of a concentra- 
tion of all power in the general government of a con- 
federacy so vast as ours, are too obvious to be disre- 
garded. You have a right, therefore, to expect your 
agents, in every department, to regard strictly the limits 
imposed upon them by the Constitution of the United 
States. The great scheme of our constitutional liberty 
rests upon a proper distribution of power between the 
State .and Federal authorities; and experience has 
shown, that the harmony and happiness of our people 
must depend upon a just discrimination between the se- 
parate rights and responsibilities of the States, and your 
common rights and obligations under the general govern- 
ment. 

And here, in my opinion, are the considerations, which 



288 Pierce's inaugural address. 

should form the true basis of future concord in regard to 
the questions which have most seriously disturbed public 
tranquillity. If the Federal Government will confine it- 
self to the exercise of powers clearly granted by the Con- 
stitution, it can hardly happen that its actions upon any 
questions should endanger the institutions of the States, 
or interfere with their right to manage matters strictly 
domestic according to the will of their own people. 

In expressing briefly my views upon an important sub- 
ject, which has recently agitated the nation to almost a 
fearful degree, I am moved by no other impulse than a 
most earnest desire for the perpetuity of that Union which 
has made us what we are ; showering upon us blessings, 
and conferring a power and influence which our fathers 
could hardly have anticipated, even with their most 
sanguine hopes directed to a far-off future. The sen- 
timents I now announce were not unknown before the 
expression of the voice which called me here. My own 
position upon this subject was clear and unequivocal, 
upon the record of my words and my acts, and it is only 
recurred to at this time because silence might, perhaps, 
be misconstrued. 

With the Union, my best and dearest earthly hopes are 
entwined. Without it, what are we, individually or col- 
lectively? What becomes of the noblest field ever opened 
for the advancement of our race, in religion, in govern- 
ment, in the arts, and in all that dignifies and adorns 
mankind ? From that radiant constellation, which both 
ilki mines our own way and points out to struggling na- 
tions their course, let but a single star be lost, and, if 
there be not utter darkness, the lustre of the whole is 
dimmed. Do my countrymen need any assurance that 
such a catastrophe is not to overtake them, while I pos- 
sess the power to stay it ? 

It is with me an earnest and vital belief, that as the 
Union has been the aource, under Providence, of our 
prosperity to this time, so it is the surest pledge of a con- 
tinuance of the blessings we have enjoyed, and which 
we are sacredly bound to transmit undiminished to our 
children. The field of free and calm discussion in our 
country is open, and will always be so, but it never has 



Pierce's inaugural address. 289 

been and never can be traversed for good in a spirit of 
sectionalism and uncharitableness. 

The founders of the Republic dealt with things as they 
were presented to them, in a spirit of self-sacrificing pa- 
triotism, and, as time has proved, with a comprehensive 
wisdom, which it will always be safe for us to consult. 
Every measure, tending to strengthen the fraternal feel- 
ings of all the members of our Union, has had my heart- 
felt approbation. To every theory of society or govern- 
ment, whether the offspring of feverish ambition or of 
morbid enthusiasm, calculated to dissolve the bonds of law 
and affection which unite us, I shall interpose a ready 
and stern resistance. 

I believe that involuntary servitude, as it exists in dif- 
ferent States of this confederacy, is recognized by the 
Constitution. I believe that it stands like any other ad- 
mitted right, and that the States where it exists are en- 
titled to efficient remedies to enforce the constitutional 
provisions. I hold that the laws of 1850, commonly 
called the " Compromise Measures," are strictly consti- 
tutional, and to be unhesitatingly carried into effect. I 
believe that the constituted authorities of this Republic 
are bound to regard the rights of the South in this 
respect, as they would view any other legal and con- 
stitutional right, and that the laws to enforce them should 
be respected and obeyed, not with a reluctance en- 
couraged by abstract opinions as to their propriety in a 
different state of society, but cheerfully, and acccording 
to thft decisions of tne tribunal to which their exposition 
belongs. Such have been, and are, my convictions, and 
upon them I shall act. I fervently hope that the question 
is at rest, and that no sectional, or ambitious, or fanatical 
excitement may again threaten the durability of our insti- 
tutions, or obscure the light of our prosperity. 

But let not the foundation of our hopes rest upon man's 
wisdom. It will not be sufficient that sectional prejudices 
find no place in the public deliberations. It will not be 
sufficient that the rash counsels of human passion are 
rejected. It must be felt that there is no national security 
but in the nation's humble, acknowledged dependence 
upon ^od and his overruling providence. 
25 



290 Pierce's inaugural address. 

We have been carried in safety through a perilous 
crisis. Wise counsels, like those which gave us the 
Constitution, prevailed to uphold it. Let the period be 
remembered as an admonition, and not as an encourage- 
ment, in any section of the Union, to make experiments 
where experiments are fraught with such fearful hazard. 
Let it be impressed upon all hearts, that beautiful as our 
fabric is, no earthly power or wisdom could ever re-unite 
its broken fragments. 

Standing: as I do almost within view of the green slopes 
of Monticello, and as it were, within reach of the tomb 
of Washington, with all the cherished memories of the 
past gathering round me, like so many eloquent voices of 
exhortation from heaven, I can express no better hope for^ 
my country, than that the kind Providence which smiled 
upon our Fathers, may enable their children to preserve 
the blessings which they have inherited. 



CONSTITUTION OF THE UNITED STATES. 



We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I. 

Sec. I. — All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Sec. II.— -1. The House of Representatives shall be 
composed of members chosen every second year, by the 
people of the several states: and the electors in each 
state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature. 

2. No person shall be a representative who shall not 
have attained the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of the state in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportion- 
ed among the several states which may be included within 
this union, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress 
of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. 
The number of Representatives shall not exceed one for 
every thirty thousand, but each state shall have at least 
one representative : and until such enumeration shall be 
made, the state of New Hampshire shall be entitled to 

1* 



5 CONSTITUTION 

»?hoose three ; Massachusetts ^ eight ; Rhode Island and 
Providence Plantations^ one ; Connecticut, five ; New 
York,s,\x\ New Jersey ^four; Pennsylvania, eight; Dela- 
ware, one ; Maryland, six ; Virginia, ten ; North Caroli- 
na, five ; South Carolina, five ; Georgia, three. 

4. When vacancies happen in the representation from 
any state, the executive authority thereof shall issue writs 
of election to fill such vacancies. 

5. The House of Representatives shall choose their 
speaker and other ofllicers, and shall have the sole power 
of impeachment. 

Sec. III. — 1. The Senate of the United States shall 
be composed of two senators from each state, chosen by 
the legislature thereof, for six years ; and each senator 
shall have one vote. 

2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the expi- 
ration of the fourth year, and the third class at the expi- 
ration of the sixth year, so that one-third may be chosen 
every second year ; and if vacancies happen by resig- 
nation or otherwise, during the recess of the legislature 
of any state, the executive thereof may make temporary 
appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

3. No person shall be a senator who shall not have 
attained the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he shall 
be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided. 

5. The Senate shall choose their other ofllcers, and also 
a president pro tempore in the absence of the Vice Pre- 
sident, or when he shall exercise the ofilce of President 
of the United States. 

C. The Senate shall have the sole power to try all im- 
peachments When sitting for that purpose, they shall be 



OF THE UNITED STATES. 7 

on oath or affirmation. When the President of the Uni- 
ted States is tried, the Chief Justice shall preside; and 
no person shall be convicted without the concurrence of 
two-thirds of the members present. 

7. Judgment in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit under 
the United States ; but the party convicted shall, never- 
theless, be liable and subject to indictment, trial, judg- 
ment, and punishment according to law. 

Sec. IV. — 1. The times, places, and manner of hold- 
ing elections for senators and representatives shall be 
prescribed in each state, by the legislature thereof; but 
the Congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators. 

2. The Congress shall assemble at least once in every 
year ; and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day. 

Sec. V.-— I. Each house shall be judge of the elec- 
tions, returns and qualifications of its own members; and 
a majority of each shall constitute a quorum to do busi- 
ness ; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of ab- 
sent members, in such manner, and under such penalties, 
as each house may provide. 

2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, and 
with the concurrence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either house on any 
question shall, at the desire of one-fifth of those present, 
be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two houses shall be sitting. 

Sec. VI. — 1. The senators and representatives shall 
receive a compensation for their services, to be ascertain- 



8 CONSTITUTION 

ed by law, and paid out of the treasury of the United 
States. They shall, in all cases, except treason, felony, 
and breach of the peace, be privileged from arrest, during 
their attendance at the session of their respective houses, 
and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be ques- 
tioned in any other place. 

2. No senator or representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the tjnited States, shall be a member of either 
house, during his continuance in office. 

Sec. VII. — 1. All bills for raising revenue shall ori- 
ginate in the House of Representatives ; but the Senate 
may propose or concur with amendments as on other 
bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a law, be presented to the President of the United States ; 
if he approve, he shall sign it; but if not, he shall return 
it with his objections, to that house in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such re- 
consideration, two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to 
the other house, and if approved by two-thirds of that 
house, it shall become a law. But in all such cases, the 
votes of both houses shall be determined by yeas and 
nays; and the names of the persons votingfor and against 
the bill, shall be entered on the journals of each house 
respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless Congress, by 
their adjournment prevent its return; in which case it 
shall not be a law. 

3. Every order, resolution, or vote, to which the con- 
«»-urrence of the Senate and House of Representatives 



OF THE UNITED STATES. 9 

may be necessary (except on a question of adjournment) 
shall be presented to the President of the United States ^ 
and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed 
by two-thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed in 
the case of a bill. 

Sec. VIII. — The Congress shall have poM^er — - 

1. To lay and collect taxes, duties, imposts, and ex- 
cises ; to pay the debts and provide for the common de- 
fence and general welfare of the United States; but all 
duties, imposts, and excises shall be uniform throughout 
the United States : 

2. To borrow money on the credit of the United 
States : 

3. To regulate commerce with foreign nations and 
among the several states, and with the Indian tribes : 

4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States : 

5. To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and mea- 
sures : 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States : 

7. To establish post offices and post roads : 

8. To promote the progress of science and useful arts, 
by securing for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries : 

9. To constitute tribunals inferior to the supreme 
court : 

10. To define and punish piracies and felonies commit- 
ted on the high seas, and offences against the law of na- 
tions : 

11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water : 

12. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term thai)- 
two years : 



10 CONSTITUTION 

13. To provide and maintain a navy: 

14. To make rules for the government and regulation 
of the land and naval forces : 

15. To provide for calling forth the militia to execute 
the law s of the union, suppress insurrections, and repel 
invasions : 

16. To provide for organizing, arming and disciplining 
the militia, and for governing such part of them as may- 
be employed in the service of the United States, reserv- 
ing to the states respectively the appointment of the offi- 
cers, and the authority of training the militia, according 
to the discipline prescribed by Congress : 

17. To exercise exclusive legislation, in all cases what- 
soever, over such district (not exceeding ten miles square) 
as may, by cession of particular states, and the accept- 
ance of Congress, become the seat of government of the 
United States, and to exercise like authority over all places 
purchased by the consent of the legislature of the state 
in which the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other needful build- 
ings: And, 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this constitution in the 
government of the United States, or in any department 
or officer thereof. 

Sec. IX. — 1. The migration or importation of such 
persons as any of the states, now existing, shall think 
proper to admit, shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight: 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not 
be suspended, unless, when, in cases of rebellion or inva- 
sion, the public safety may require it. 

3. No bill of attainder, or ex post facto law, shall be 
passed. 

4. No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration herein 
before directed to be taken. 



OF IHE UNITED STATES. 11 

5. No tax or duty shall be laid on articles exported 
from any stale. No preference shall be given, by any 
regulation of commerce or revenue, to the ports of one 
state over those of another ; nor shall vessels bound to or 
from one state be obliged to enter, clear, or pay duties 
in another. 

6. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law; and a regu- 
lar statement and account of the receipts and expendi- 
tures of all public money shall be published from time to 
time. 

7. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, 
accept of any present, emolument, office or title of any 
kind whatever, from any king, prince, or foreign state. 

Sf:c. X. — 1. No state shall enter into any treaty, alli- 
ance, or confederation ; grant letters of marque and repri- 
sal; coin money; emit bills of credit; make any thing 
but gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts ; or grant any title of 
nobility. 

2. No state shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
Avhat may be absolutely necessary for- executing its in- 
spection laws ; and the net produce of all duties and im- 
ports laid by any state on imports or exports, shall be for 
the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of 
the Congress. No state shall, without the consent of 
Congress, lay any duty on tonnage, keep troops or ships 
of war in time of peace, enter into any agreement or 
compact with another state or with a foreign power, or 
engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II. 

Sec. 1 — The executive power shall be vested in a 
President of the United States of America. He shall 
hold his office during the term of four years, and, together 



12 CONSTITUTION 

with the Vice-President, chosen for the same term, be 
elected as follows : 

2. Each state shall appoint in such manner as the le- 
gislature thereof may direct, a number of electors, equal 
to the whole number of senators and representatives to 
which tlie state may be entitled in the Congress ; but no 
senator or representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an elector. 

3. [Annulled. See Amendments, art. 12.] 

4. The Congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the Uni- 
ted States. 

5. No person except a natural-born citizen, or a citi- 
zen of the United States at the time of the adoption of 
this constitution, shall be eligible to the office of Presi- 
dent; neither shall any person be eligible to that office, 
who shall not have attained the age of thirty-five years, 
and been fourteen years a resident within the United 
States. 

6. In case of the removal of the President from office, 
or of his death, resignation or inability to discharge the 
powers and duties of said office, the same shall devolve 
on the Vice-President; and the Congress may by law 
provide for the case of removal, death, resignation, or in- 
ability, both of the President and Vice-President, decla- 
ring what officer shall then act as President, and such offi- 
cer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

7. The President shall, at stated times, receive for his 
services a compensation which shall neither be increased 
nor diminished during the period for which he shall have 
been elected; and he shall not receive, within that period, 
any other emolument from the United States, or any of 
them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation: — 

*'I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and 
will, to the best of my ability, preserve, protect, and do 
fend the constitution of the United Stales." 



OF THE UNITED STATES. 13 

Sec. II. — 1. The President shall be commander-in 
<;hief of the army and navy of the United States, and of 
the militia of the several states, when called into the ac- 
tual service of the United States: he may require the 
opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the 
duties of their respective offices; and he shall have power 
to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds 
of the senators present concur; and he shall nominate, 
and by and with tiie advice and consent of the Senate, 
shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other offi- 
cers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be esta- 
blished by law. But the Congress may, by law, vest the 
appointment of such inferior offices as they think proper, 
in the President alone, in the courts of law, or in the 
heads of departments. 

3. The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of 
their next session. 

Sec. III. — 1. He shall, from time to time, give to the 
Congress information of the state of the union, and re- 
commend to their consideration such measures as he 
shall judge necessary and expedient; he may, on extra- 
ordinary occasions, convene both houses, or either of 
them, and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them 
to such time as he may think proper ; he shall receive 
ambassadors, and other public ministers ; he shall take 
care that the laws be faithfully executed ; and shall com- 
mission all the officers of the United States. 

Sec. IV. — 1. The President, Vice-President, and all 
civil officers of the United States, shall be removed from 
office on impeachment for, and conviction of, treason, 
bribery, or other high crimes and misdemeanors. 



14 CONSTITUTION 

ARTICLE III. 

Sec. I. — 1. The judicial power of the United States 
shall be vested in one supreme court, and in such inferior 
courts as the Congress may, from time to time, ordain and 
establish. The judges, both of the supreme and inferior 
courts, shall hold their ofHces during good behavior, and 
shall at stated times, receive for their services a compen- 
sation which shall not be diminished during their contin- 
uance in office. 

Sec. II. — 1. The judicial power shall extend to all 
cases in law and equity arising under this constitution, the 
laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases affecting 
ambassadors, other public ministers and consuls; to all 
cases of admiralty and maritime jurisdiction; to contro- 
versies to which the United States shall be a party ; to 
controversies between two or more states; between a 
state and citizens of another state ; between citizens of 
different states ; between citizens of the same state, claim- 
ing lands under grants of different states, and between 
a state, of the citizens thereof, and foreign states, citi- 
zens or subjects, 

2. In all cases affecting ambassadors, other public mi- 
nisters and consuls, and those in which a state shall be a 
party, the supreme court shall have original jurisdiction. 
In all other cases before mentioned, the supreme court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in the 
state where the said crimes shall have been committed ; 
but when not committed within any state, the trial shall 
be at such place or places as the Congress may by law 
have directed. 

Sec. III. — 1. Treason against the United States shall 
consist only in levying war against them, or in adhering 
to their enemies, giving them aid and comfort. No per- 
son shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or confessions in 
open court. 



OF THE UNITED STATES. 16 

2. The Congress shall have power to declare the pun- 
ishment of treason ; but no attainder of treason shall 
work corruption of blood, or forfeiture, except during^ the 
life of the person attainted. 

ARTICLE IV. 

Sec. I. — 1. Full faith and credit shall be given in each 
state to the public acts, records, and judicial proceedings 
of ever^ other state. And the Congress may, by generai, 
laws, prescribe the manner in which such acts, records* 
and proceedings shall be proved, and the effect thereof. 

Sec. II. — 1. The citizens of each state shall be enti 
tied to all privileges and immunities of citizens in the 
several states. 

2. A person charged in any state with treason, felony, 
or other crime, who shall flee from justice, and be found 
in another state, shall, on demand of the executive au- 
thority of the state from which he fled, be delivered up to 
be removed to the state having jurisdiction of the crime. 

3. No person held to service or labor in one state, un- 
der the laws thereof, escaping into another, shall, in con- 
sequence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be 
due. 

Sec. III. — 1. New states maybe admitted by the Con- 
gress into this union; but no new state shall be formed 
or erected within the jurisdiction of any other state; nor 
any state be formed by the junction of two or more 
states or parts of states, without the consent of the legis- 
lature of the states concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United States ; 
and nothing in this constitution shall be so construed as 
to prejudice any claims of the United States, or of any 
particular state. 

Sec. IV. — 1. The United States shall guarantee to 
every state in this union, a republican form of govern- 
ment, and shall protect each of them against invasion; 



1(5 CONSTITUTION 

and, on application of the legislature, or of the execu 
tive, (when the legislature cannot be convened,) against 
domestic violence. 

ARTICLE V. 

1. The Congress, whenever two-thh*ds of both houses 
shall deem it necessary, shall propose amendments to this 
constitution, or on the application of tlie legislatures of 
two-thirds of the several states, shall call a convention 
for proposing amendments, Avhich, in either case, sTiall be 
valid to all intents and purposes, as part of this constitu- 
tion, when ratified by the legislatures of three-fourths of 
the several states, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may 
be proposed by the Congress ; provided that no amend- 
ment which may be made prior to the year one thousand 
eight hundred and eight, shall in any manner afiect the 
first and fourth clauses in the ninth section of the first 
article; and that no state, without its consent, shall be 
deprived of its equal sufii'age in the Senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered into 
before the adoption of this constitution, shall be as valitf 
against the United States under this constitution, as undei 
the confederation. 

2. This constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all trea- 
ties made, or which shall be made under the authority of 
the United States, shall be the supreme law of the land ; 
and the judges in every state shall be bound thereby ; any 
thing in the constitution or laws of any state to the con- 
trary notwithstanding. 

3. The senators and representatives before mentioned, 
and the members of the several state legislatures, and all 
executive and judicial ofiScers, both of the United States 
and of the several states, shall be bound by oath or aflir- 
mation to support this constitution ; but no religious test 
shall ever be required as a qualification to any ofliice or 
public trust under the United States. 



OP THE UNITED STATES. 

ARTICLE VII. 



17 



1. The ratification of the conventions of nine states 
shall be sufficient for the establishment of this constitu- 
tion between the states so ratifying the same. 

Done in convention, by the unanimous consent of the 
states present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the Independence of the United 
States of America, the twelfth. In witness whereof, 
we have hereunto subscribed our names. 

GEORGE WASHINGTON, 

President^ and Deputy from Virginia, 



New Hampshire. 
John Langdon, 
Nicholas Oilman. 

Massachusetts. 
Nathaniel Gorham, 
RuFus King. 

Connecticut. 
Wm. Samuel Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
William Livingstoii, 
David Brearley, 
William Patterson. 
Jonathan Dayton. . 

Pennsylvania. 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Governeur Morris. 

,_ Mest, 



Delaware, 
George Reed, 
Gunning Bedford, Jr. 
John Dickerson, 
Richard Bassett, 
Jacob Broom. 

Maryland. 
James M'Henry, 
Daniel Jenifer, of St. The. 
Daniel Carroll. 

Virginia. 
John Blair. 
James Madison, Jr. 

North Carolina, 
William Blount, 
Rich. Dobbs Spaight, 
Hugh Williamson. 

South Carolina. 
John Rutledge, 
Charles C. Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 
Arraham Baldwin. 

WILLIAM JACKSON, S§tsretary 



18 CONSTITUTION 

AMENDMENTS TO THE CONSTITUTION. 



Art. I. — Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exer- 
cise thereof; or abridging the freedom of speech, or of 
the press; or the right of the people peaceably to as- 
semble and to petition the government for a redress of 
grievances. 

Art. II. — A well-regulated militia being necessary to 
the security of a free state, the right of the people to keep 
and bear arms shall not be infringed. 

Art. III. — No soldier shall, in time of peace, be quar- 
tered in any house without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law. 

Art. IV. — The right of the people to be secure in 
their persons, houses, papers, and effects, against unrea- 
sonable searches and seizures, shall not be violated; and 
no warrants shall issue but upon probable cause, support- 
ed by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 
seized. 

Art. V. — No person shall be held to answer for a capi- 
tal, or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia when in actual 
service, in time of war or public danger; nor shall any 
person be subject for the same offence to be twice put in 
jeopardy of life or limb; nor shall be compelled, in any 
criminal case, to be witness against himself, nor be de- 
prived of life, liberty, or property, without due process 
of law; nor shall private property be taken for public use 
without just compensation. 

Art. VI. — In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public trial, by an 
impartial jury of the state and district wherein the crime 
fihall have been committed, which district shall have been 
previously ascertained by law, and to be informed of the 
nature and cause of the accusation ; to be contionted 
with the witnesses against him ; to have compulsory pro- 



OF THE UNITED STATES. 19 

cess for obtaining witnesses in his favor; and to have the 
assistance of counsel for his defence. 

Art. VII. — In suits of common law, where the value 
in controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved; and no fact, tried by a 
j iry, shall be otherwise re-examined in any court of the 
United States, than according to the rules of the com- 
mon law. 

Art. VIII. — Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punish- 
ments inflicted. 

Art. IX. — The enumeration in the constitution, of 
certain rights, shall not be construed to deny or disparage 
others retained by the people. 

Art. X. — The powers not delegated to the United 
States by the constitution, nor prohibited to it by the 
states, are reserved to the states respectively, or to the 
people. 

Art. XI. — The judicial power of the United States 
shall not be construed to extend to any suit in law or 
equity, commenced or prosecuted against one of the 
United States by citizens of another state, or by citizens 
or subjects of any foreign state. 

Art. XII. — 1. The electors shall meet in their respec- 
tive states, and vote by ballot for President and Vice- 
President, one of whom, at least, shall not be an inhabi 
tant of the same state with themselves ; they shall name 
in their ballots the persons voted for as President, and in 
distinct ballots the persons voted for as Vice-President; 
and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-Presi 
dent, and of the number of votes for each ; which lists 
they shall sign and certify, and transmit sealed to the seat 
of government of the United States, directed to the 
President of the Senate. The President of the Senate 
shall, in the presence of the Senate and House of Re- 
presentatives, open all the certificates, and the votes shall 
then be counted ; the person having the greatest number 
of votes for President, shall be President, if such number 
be a majority of the whole number of electors appointed; 
and if no person have such majority, then from the per- 



20 CONSTITUTION OF THE UNITED STATES. 

sons having the highest number, not exceeding three on 
the list of those voted for as President, the House of Re- 
presentatives shall choose immediately, by ballot, the Pre- 
sident. — But in choosing the President, the votes shall be 
taken by states, the representation from each state having 
one vote ; a quorum for this purpose shall consist of a 
member or members from two-thirds of the states, and a 
majority of all the states shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of the 
President. 

2. The person having the greatest number of votes as 
Vice-President, shall be the Vice-President, if such number 
be a majority of the whole number of electors appointed ; 
and if no person have a majority, then from the two high- 
est numbers on the list, the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office 
of President, shall be eligible to that of Vice-President 
of the United States. 

Art. XHI. — If any citizen of the United States shall 
accept, claim, receive, or retain any title of nobility or 
honor, or shall, without the consent of Congress, accept 
or retain any present, pension, office, or emolument of any 
kind whatever, from any emperor, king, prince, or for- 
eign power, such person shall cease to be a citizen of the 
United States, and shall be incapable of holding any office 
of trust or profit under them, or either of them. 



21 



CONSTITUTION OF MASSACHUSETTS. 

PART I. 

8. Declaration of Rights of the Inhabitants of the Com- 
monwealth of Massachusetts. 

Article 1. All men are born free and equal, and have 
certain natural, essential, and unalienable rights : among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possessing 
and protecting property ; in fine, that of seeking and ob- 
taining their safety and happiness. 

2. It is the right, as well as the duty, of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the Great Creator and Preserver of the 
Universe. And no subject shall be hurt, molested, or 
restrained in his person, liberty, or estate, for worshipping 
God in the manner and seasons most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession or sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious wor- 
ship. 

3. As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused throughout the community, but by 
the institution of a public worship of God, and of public 
institutions in piety, religion, and morality ; therefore, to 
promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature 
with power to authorize and require, and the legislature 
shall, from time to time, authorize and require, the 
several towns, parishes, precincts, and other bodies politic, 
or religious societies, to make suitable provision, at their 
own expense, for the institution of the public worship of 
God, and for the support and maintenance of public protes- 
tant teachers of piety, religion, and morality in all cases, 
where such provision shall not be made voluntarily. 



22 CONSTITUTION OF MASSACHUSETTS. 

All the people of the commonwealth have also a righl 
to, and do, invest their legislature with authority to enjoin 
upon all the subjects an attendance upon the instructions 
of the public teachers, as aforesaid, at stated times and 
seasons, if their be any one whose instructions they can 
conscientiously and conveniently attend : — 

Provided, notwithstanding, that the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, shall, at all times, have the exclusive right of 
electing their public teachers, and of contracting with 
them for their support and maintenance. 

All moneys paid by the subject to the support of public 
worship, and of the public teachers aforesaid, shall, if he re- 
quire it, be uniformly applied to the support of the public 
teacher or teachers of his own religious sect or denomi- 
nation, provided there be any, on whose instruction he 
attends ; otherwise it may be paid towards the support ot 
the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning 
themselves peaceably, and as good subjects of the com- 
monwealth, shall be equally under the protection of the 
law ; and no subordination of any sect or denomination 
to another shall ever be established by law. 

4. The people of the commonwealth have the sole and 
exclusive right of governing themselves, as a free, sove- 
reign, and independent State : and do, and for ever here- 
after shall, exercise and enjoy every power, jurisdiction, 
and right, which is not, or may not hereafter be by them 
expressly delegated to the United States of America, in 
congress assembled. 

5. All power residing originally in the people, and 
being derived from them, the several magistrates and of- 
ficers of government vested with authority, whether legis- 
lative, executive, or judicial, are their substitutes and 
agents, and are at all times accountable to them. 

6. No man, or corporation, or association of men, have 
any other title to obtain advantages, or particular-and ex- 
clusive privileges, distinct from those of the community, 
than what arises from the consideration of services ren- 
dered to the public And this title being, in nature, 



CONSTITU1-!0.\ OF MASSACHUSETTS. '23 

neither hereditary nor transmissible to children or de- 
scendants, or relations of blood, the idea of a man born a 
magistrate, lawgiver, or judge, is absurd and unnatural. 

7. Government is instituted for the common good : for 
the protection, safety, prosperity and happiness of the 
people : and not for the profit, honor, or private interest 
of any one man, family, or any one class of men. There- 
fore, the people alone have an incontestable, unalienable, 
and indefeasible right to institute government, and to re- 
form, alter, or totally change the same, when their pro- 
tection, safety, prosperity and happiness require it. 

8. In order to prevent those who are vested with autho- 
rity from becoming oppressors, the people have a right, 
at such periods and in such manner as they shall establish 
by the frame of Government, to cause their public officers 
to return to private life, and to fill up vacant places by 
certain and regular elections and appointments. 

9. All elections ought to be free : and all the inhabi- 
tants of this commonw^ealth, having such qualifications 
as they shall establish by their frame of Government, 
have an equal right to elect officers, and to be elected for 
public employments. 

10. Each individual of the society has a right to be 
protected by it, in the enjoyment of his life, liberty, and 
property, according to the standing laws. He is obliged, 
consequently, to contribute his share to the expense of 
this protection ; to give his personal service, or an equi- 
valent, when necessary. But no part of the property of 
any individual can, with justice, be taken from him, or 
applied to the public use, without his own consent, or 
that of the representative body of the people. In fine, 
the people of this commonwealth are not controllable by 
any other laws than those to which their constitutional 
representative body have given their consent. And 
whenever the public exigencies require that the property 
of any individual should be appropriated to public uses, 
he shall receive a reasonable compensation therefor. 

11. Every subject of the commonwealth ought to find 
a certain remedy, by having recourse to the laws, for all 
injuries or wrongs which he may receive, in his person, 
property, or character. He ought to obtain right and 



24 CONSTITUTION OF MASSACHUSETTS. 

justice freely, and without being obliged to purchase it — 
completely, and without any denial — promptly, and with- 
out delay— conformabl)'- to the laws. 

12. No person shall be held to answer for any crime 
or ofience, until the same is fully and plainly, substantial- 
ly and formally, described to him ; or be compelled to 
accuse or furnish evidence against himself. And every 
person shall have a right to produce all proofs that may 
be favorable to him ; to meet the witnesses against him, 
face to face, and be fully heard in his defence, by himself, or 
his counsel, at his election. And no person shall be arrested^ 
imprisoned, or despoiled or deprived of his property, im- 
munities, or privileges, piJt out of the protection of the 
law, exiled, or deprived of his life, liberty, or estate, but 
by the judgment of his peers, or the law of the land. 

And tlie legislature shall not make any law that shall 
subject any person to a capital or infamous punishment 
(excepting for the Government of the army and navy) 
without trial by jury. 

13. In criminal prosecutions the verifications of facts, 
in the vicinity where they happen, is one of the greatest 
securities of the life, liberty, and property of the citi- 
zen. 

14. Every person has a right to be secure from all 
unreasonable searches and seizures of his person, his 
house, his papers, and all his possessions. All warrants, 
therefore, are contrary to this right, if the cause or foun- 
dation of them be not previously supported by oath or 
affirmation ; and if the order, in a warrant to a civil offi- 
cer, to make search in all suspected places, or to arrest 
one or more suspected persons, or to seize their property, 
be not accompanied with a special designation of the per- 
sons, or objects of search, arrest, or seizure. And no 
warrant ought to be issued but in such cases, and with 
the formalities prescribed by the laws. 

15. In all controversies concerning property, and in all 
suits between two or more persons, (except in cases in 
which it has heretofore been otherwise used and prac- 
tised,) the parties have a right to a trial by jury ; and this 
method of procedure shall be held sacred, — unless, in 
cases arising on the high seas, and such as relate to ma- 



CO.N'STITUTION OF MASSACHUSETTS. 2o 

liner's wages, the legislature shall hereafter find it neces- 
sary to alter it. 

16. The liberty of the press is essential to security of 
freedom in a state ; it ought not, therefore, to be restrain- 
ed in this commonwealth. 

17. The people have a right to keep and to bear arms 
for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained, without the consent of the legislature : and 
the military power shall always be held in exact subordi- 
nation to the civil authority, and be governed by it. 

18. A frequent recurrence to the fundamental princi- 
ples of the Constitution, and a constant adherence to those 
of piety, justice, moderation, temperance, industry, and 
frugality, are absolutely necessary to preserve the advan- 
tages of liberty, and to maintain a free government. The 
people ought, consequently, to have a particular attention 
to all those principles, in the choice of their officers and 
representatives, and they have a right to require of their 
lawgivers, and magistrates, an exact and constant obser- 
vance of them, in the formation and execution of all laws 
necessary for the good administration of the common- 
wealth. 

19. The people have a right, in an orderly and peace- 
able manner, to assemble upon the common good, give 
instruction to their representatives ; and to request of the 
legislative body, by the way of addresses, petitions, or 
remonstrances, redress of the wrongs done them, and of 
the grievances they suflfer. 

20. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature ; or by authority derived from it, to be exer- 
cised in such particular cases only as the legislature shall 
expressly provide for. 

21. The freedom of deliberation, speech, and debate, 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

22. The legislature ought frequently to assemble, for 
the redress of grievances, for correcting, strengthening, 



26 CONSTITUTION OT MASSACHUSETTS. 

and confirming the laws, and for making new laws, as 
the common good may require. 

23. No subsidy* charge, tax, impost, or duties, ought 
to be established, fixed, laid, or levied, under any pretext 
whatever, without the consent of the people, or their re- 
presentatives in the legislature. 

24. Laws made to punish for actions done before the 
existence of such laws, and which have not been declared 
crimes by preceding laws, are unjust, oppressive, and in- 
consistent with the fundamental principles of a free govern- 
ment. 

25. No person ought, in any case, or in any time, to 
be declared guilty of treason or felony by the legislature. 

26. No magistrate, or court of law, shall demand ex- 
cessive bail or sureties, impose excessive fines, or inflict 
cruel or unusual punishments. 

27. In time of peace, no soldier ought to be quartered 
in any house, without the consent of the owner; and in 
time of war, such quarters ought not to be made, but by 
the civil magistrates, in manner ordained by the legislature. 

28. No person can, in any case, be subjected to law 
martial, or to any penalties or pains by virtue of that 
law, (except those employed in the army or navy, and 
except the militia in actual service,) but by the authority 
of the legislature. 

29. It is essential to the preservation of the rights of 
every individual, his life, liberty, property, and charac- 
ter, that there be an impartial interpretation of the laws, 
and administration of justice. It is the right of every citi- 
zen to be tried by judges as free, impartial, and indepen- 
dent, as the lot of humanity will admit. It is, therefore, 
not only the best policy, but for the security of the rights 
of the people, and of every citizen, that the judges of the 
§.upreme judicial court should hold their offices as long 
as they behave themselves well ; and that they should 
have honorable salaries, ascertained and established by 
standing laws. 

30. In the government of this commonwealth, the le- 
gislative department shall never exercise the executive 
and judicial powers, or either of them ; the executive 
shall never exercise the legislative and judicial powers, 



CONSTITUTION OF MASSACHUSETTS. 27 

or either of them; the judicial shall never exercise the 
legislative and executive powers, or either of them : to 
the end that it maybe a government of laws, and not of men. 

PART II. 

Frame of Government. 

The people inhabiting the territory formerly called the 
province of Massachusetts Bay, do hereby solemnly and 
mutually agree with each other to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of — The Commonivealth of Massachusetts. 

CHAPTER I. 

Section 1. — ^The Legislative Power. 

TTie General Court. 

Article 1. The department of legislation shall be form- 
ed by two branches, a Senate and House of Representatives : 
each of which shall have a negative on the other. 

The legislative body shall assemble every year, on the 
last Wednesday of May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the last Wednesday in May ; 
and shall be styled, The General Court of Massachusetts. 

2. No bill or resolve of the Senate or House of Repre- 
sentatives shall become a law, and have force as such, un- 
til it shall have been laid before the Governor for his re- 
visal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But, 
if he have any objection to the passing of such bill or re- 
solve, he shall return the same, together with his objec- 
tions thereto, in writing, to the Senate or House of Repre- 
sentatives, in whichsoever the same shall have originated; 
who shall enter the objections sent down by the Governor, 
at large, on their records, and proceed to reconsider the 
said bill or resolve ; but if, after such reconsideration, 
two-thirds of the said Senate or House of Representatives 



28 CONSTITUTION OF MASSACHL SETTS. 

shall, notwithstanding the said objections, agree to pass 
the same, it shall, together with the objections, be sent 
to the other branch of the legislature, where it shall also 
be reconsidered, and if approved by two-thirds of the mem 
bers present, it shall have the force of a law ; but in all 
such cases the votes of both Houses shall be determined 
by yeas and nays : and the names of the persons voting 
for or against the said bill or resolve, shall be entered 
upon the public records of the commonwealth. 

And, in order to prevent unnecessary delays, if any bill 
or resolve shall not be returned by the Governor within 
five days after it shall have been presented, the same shall 
have the force of a law. 

3. The general court shall for ever have full power 
and authority to erect and constitute judicatories, and 
courts of record, or other courts, to be held in the name 
of the commonwealth, for the hearing, trying, and de- 
termining of all manner of crimes, offences, pleas, pro- 
cesses, plaints, actions, matters, causes, and things what- 
soever, arising or happening within the commonwealth, 
or between or concerning persons inhabiting, or residing, 
or brought within the same ; whether the same be crimi- 
nal or civil ; or whether the said crimes be capital or not 
capital, or whether the said pleas be real, personal, or 
mixed ; and for the awarding and making out of execution 
thereupon; to which courts and judicatories are hereby 
given and granted full power and authority, from time to 
time, to administer oaths or affirmations, for the better 
discovery of truth in any matter in controversy or depend- 
ing before them. 

4. And further, full power and authority are hereby 
given and granted to the said general court, from time to 
time, to make, ordain and establish all manner of whole 
some and reasonable orders, laws, statutes, ordinances, 
directions, and instructions, either with penalties or 
without (.so as the same be not repugnant or contrary 
to this Constitution,) as they shall judge to be for the good 
and welfare of this commonwealth, and for the govern- 
ment and ordering thereof, and of the citizens of the same, 
and for the necessary support and defence of the govern- 
ment thereof; and to name and settle annually, or pro- 



CONSTITUTION OF MASSACHUSETTS. 29 

vide by fix^d laws for the naming and settling all civil 
officers, within the said commonwealth, the election and 
constitution of whom are not hereafter, in this form of 
government, otherwise provided for: and to set forth the 
several duties, powers, and limits of the several civil and 
military officers of this commonwealth, and the forms of 
such oaths or affirmations shall be respectively adminis- 
tered unto them for the execution of their several offices 
and places, so as the same be not repugnant or contrary 
to this Constitution ; and to impose and levy proportion- 
able and reasonable assessments, rates, and taxes upon all 
the inhabitants of, and persons resident, and estates lying 
within the said commonwealth; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandises, and commodities whatso- 
ever, brought into, produced, manufactured, or being 
within the same ; to be issued and disposed of by warrant 
under the hand of the Governor of this commonwealth 
for the time being, with the advice and consent of the 
council, for the public service, in the necessary defence 
and support of the government of the said commonwealth, 
and the protection and preservation of the citizens thereof, 
according to such acts as are or shall be in force within 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates in the 
manner that has hitherto been practised ; in order that such 
assessments may be made with equality, there shall be a 
valuation of estates within the commonwealth taken anew 
once in every ten years, at the least, and as much oftener 
as the general court shall order. 

CHAPTER 1. 

Section 2. — Senate. 

Artir^le 1 There shall be annually elected by the free- 
holders and other inhabitants of this commonwealth, 
qualified as in this Constitution is provided, forty persons 
to be counsellors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
3* 



30 CONSTITUTION OF MASSACHUSETTS. 

into which the commonwealth may from time to time be 
divided by the general court for that purpose. And the 
general court, in assigning the numbers to be elected by 
llie representative districts, shall govern themselves by 
Ihe proportion of the public taxes paid by the said dis- 
tricts ; and timely make known to the inhabitants of the 
<:ommonwealth, the limits of each district, and the num- 
bers of counsellors and senators to be chosen therein : 
provided that the number of such districts shall be never 
less than thirteen ; and that no district be so large as to 
entitle the same to choose more than six senators. 

And the several counties in this commonwealth shall, 
until the general court shall determine it necessary to alter 
the said districts, be districts for choice of counsellors and 
senators, (except that the counties of Dukes county and 
Nantucket shall form one district for that purpose, )and shall 
elect the following number for counsellors and senators, viz.: 



Suffolk six 

Essex six 

Middlesex .... five 

Hampshire .... four 

I^lymouth three 

Barnstable .... one 

Bristol three 



York two 

Dukes county and 7 
Nantucket 3 

AVorcester five 

Cumberland .... one 

Lincoln one 

Berkshire two 



2. The Senate shall be the first branch of the legisla- 
ture : and the senators shall be chosen in the following 
manner, viz : There shall be a meeting on the first Mon- 
day in April, annually forever, of the inhabitants of each 
town in the several counties of this commonwealth; to 
be called by the selectmen, and warned in due course of 
law, at least seven days before the first Monday in April, 
for the purpose of electing persons to be senators and 
counsellors. And at such meetings every male inhabitant, 
of twenty-one years of age and upwards, having a free- 
hold estate within the commonwealth of the annual in- 
come of three pounds, or any estate of the value of sixty 
pounds, shall have a right to give in his vote for the sen- 
ators for the district of which he is an inhabitant. And to 
remove all doubts concerning the word *♦ inhabitant" in 



CONSTITUTION OF MASSACHUSETTS. 31 

this Constitution, every person shall be considered as an 
inhabitant (for the purpose of electing and being elected 
into any office or place within this state) in that town, 
district, or plantation, where he dwelleth or hath his home. 

The selectmen of the several towns shall preside at such 
meetings impartially ; and shall receive the votes of all the 
inhabitants of such towns, present and qualified to vote for 
senators ; and shall sort and count them in open town n.eet 
ing, and in presence of the town clerk, who shall make a fail 
record, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the 
number of votes against his name ; and a fair copy of this 
record shall be attested by the selectmen and the town 
clerk, and shall be sealed up, directed to the secretary of 
the commonwealth for the time being, with a superscrip- 
tion, expressing the purports of the contents thereof, and 
delivered by the town clerk of such town to the sheriff 
of the county in which such town lies, thirty days at 
least before the last Wednesday in May, annually ; or it 
shall be delivered into the secretary's office seventeen 
days at least before the said last Wednesday in May ; 
and the sheriff of each county shall deliver all such certi- 
ficates by him received into the secretary's office, seven- 
teen days before the said last Wednesday in May. 

And the inhabitants of plantations unincorporated, 
(qualified as this Constitution provides,) who are or shall 
be empowered and required to assess taxes upon them- 
selves, toward the support of government, shall have the 
same privilege of voting for counsellors and senators in 
the plantations where they reside, as town inhabitants 
have in their respective towns; and the plantation meet- 
ings for that purpose shall be held annually on the same 
first Monday in April, at such place in the plantations re- 
spectively as the assessors thereof shall direct ; which as- 
sessors shall have like authority for notifying the electors, 
collecting and returning the votes, as the selectmen and 
town clerks have in their several towns, by this Constitu- 
tion ; and all other persons, living in places unincorpora- 
ted, (qualified as aforesaid,) who shall be assessed to the 
support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 



1 



32 CONSTITUTION OF MASSACHUSETTS. 

counsellors and senators in the town where they shall be 
assessed, and be notified of the place of meeting, by the 
selectmen of the town where they shall be assessed, tor 
that purpose, accordingly. 

3. And that there may be a due convention of senators 
on the last Wednesday in May annually, the Governor 
and five of the council, for the time being, shall, as soon 
as niay be, examine the returned copies of such records ; 
and, fourteen days before the said day, he shall issue his 
summons to such persons as shall appear to be chosen by 
the majority of votes, to attend on that day and take their 
seats accordingly : provided, nevertheless, that, for the 
first year, the said returned copies shall be examined by 
the president and five of the council of the former Consti- 
tution of government : and the said president shall, in like 
manner, issue his summons to the persons so elected, that 
they may take their seats as aforesaid. 

4. The Senate shall be the final judge of the elections, 
returns, and qualifications of their own members, as 
pointed out in the Constitution ; and shall, on the said 
last Wednesday in May, annually, determine and declare 
who are elected by each district, to be senators, by a ma- 
jority of votes : and in case there shall not appear to be 
the full number of senators returned, elected by a majori- 
ty of votes for any district, the deficiency shall be sup- 
plied in the following manner, viz. : The members of the 
House of Representatives, and such senators as shall be de- 
clared elected, shall take the names of such persons as 
shall be found to have the highest number of votes in such 
district, and not elected, amounting to twice the number 
of senators wanting, if there be so many voted for; and 
out of these shall elect, by ballot, a number of senators 
sufficient to fill up the vacancies in such district ; and in 
this manner all such vacancies shall be filled in every dis- 
trict of the commonwealth: and, in lik? manner, all va- 
cancies in the Senate, arising by dealli, removal out of 
the state, or otherwise, shall be supplied as soon as may 
be after such vacancies shall happen : — 

6. Provided, nevertheless, that no person shall be ca- 
pable of being elected a senator, who is not seized in his 
own right of a freehold within this commonwealth of the 



CONSTITUTION OF MASSACHUSETTS. 33 

value of three hundred pounds at least, or possessed of per- 
sonal estate to the value of six hundred pounds at least, 
or of both to the amount of the same sum ; and who has 
not been an inhabitant of this commonwealth for the space 
of five years immediately preceding his election ; and at 
the time of his election he shall be an inhabitant in the 
district for which he shall be chosen. 

6. The Senate shall have power to adjourn themselves, 
provided such adjournments do not exceed two days at a 
time. 

7. The Senate shall choose its own president, appoint 
its own officers, and determine its own rules of proceedings. 

8. The Senate shall be a court with full authority to 
hear and determine all impeachments made by the House 
of Representatives, against any officer or officers of the 
commonwealth, for misconduct, and maladministration in 
their offices. But, previous to the trial of every impeach- 
ment, the members of the Senate shall respectively be 
sworn, truly and impartially to try and determine the 
charge in question, according to evidence. Their judgment, 
however, shall not extend further than to removal from 
office, and disqualification to hold or enjoy any place of 
honor, trust, or profit, under this commonwealth : but the 
party so convicted shall be, nevertheless, liable to im- 
peachment, trial, judgment, and punishment, according to 
the laws of the land. 

9. Not less than sixteen members of the Senate shall 
constitute a quorum for doing business. 

CHAPTER I. 

Section 3. — House of Representatives, 

Article 1. There shall be, in the legislature of this 
commonwealth, a representation of the people, annually 
elected, and founded upon the principle of equality. 

2. And in order to provide for a representation of the 
citizens of this commonwealth, founded on the principles 
of equality, every corporate town containing one hundred 
and fifty ratable polls may elect one representative ; eve- 
ry corporate town containing three hundred and seventy- 



34 CONSTITUTION OF MASSACHUSETTS. 

five ratable polls may elect two representatives : every 
corporate town containing six hundred ratable polls, may 
elect three representatives ; and proceeding in that man- 
ner, making two hundred and twenty-five ratable polls 
the mean increasing number for every additional repre- 
sentative : 

Provided, nevertheless, that each town now incorpora- 
ted, not having one hundred and fifty ratable polls, may 
elect one representative. But no place shall hereafter be 
incorporated with the privilege of electing a representa- 
tive, unless there are, within the same, one hundred and 
fifty ratable polls. 

And the House of Representatives shall have power, 
from time to time, to impose fines upon such towns as 
shall neglect to choose and return members to the same, 
agreeably to this Constitution. 

The expenses of travelling to the general assembly, 
and returning home, once in every session, and no more, 
shall be paid by the government, out of the public trea- 
sury, to every member who shall attend as seasonably as 
he can, in the judgment of the House, and does not de- 
part without leave. 

3. Every member of the House of Representatives shall 
be chosen by written votes ; and for one year at least next 
preceding his election shall have been an inhabitant of, 
and have been seized in his own right of a freehold of 
the value of one hundred pounds within the town he shall 
be chosen to represent, or any ratable estate, to the value 
of two hundred pounds ; and he shall cease to represent 
the said town immediately on his ceasing to be qualified 
as aforesaid. 

4. Every male person (being twenty-one years of age, 
and resident of any particular town in this commonwealth, 
for the space of one year next preceding) having a free- 
hold estate within the same town, of the annual income of 
three pounds, or any estate of the value of sixty pounds, 
shall have a right to vote in the choice of a representa- 
tive, or representatives for the said town. 

5. The members of the House of Representatives shall 
be chosen annually, in the month of May, ten days, at 
least, before the last Wednesday of that month. 



CO.NSTITUTION OF MASSACHUSETTS. 35 

6. The House of Representatives shall be the grand in- 
quest of this commonwealth ; and all impeachments, 
made by them, shall be heard and tried by the Senate. 

7. All money bills shall originate in the House of Re- 
presentatives : but the Senate may propose or concur with 
amendments as on other bills. 

8. The House of Representatives shall have power to 
adjourn themselves ; provided such adjournment shall not 
exceed two days at a time. 

9. Not less than sixty members of the House of Repre- 
sentatives shall constitute a quorum for doing business. 

10. The House of Representatives shall be the judge of 
the returns, elections, and qualifications of its own mem- 
bers, as pointed out in the constitution ; shall choose their 
own speaker ; appoint their own officers, and settle their 
rules and orders of proceeding in their own house. They 
shall have authority to punish, by imprisonment, every 
person (not a membpr)who shall be guilty of disrespect 
to the House, by any disorderly or contemptuous beha- 
vior in its presence ; or who, in the town where the gen- 
eral court is sitting, shall threaten harm to the body or 
estate of any of its members, for any thing said or done in 
the House ; or who shall assault any of them therefor ; 
or who shall assault or arrest any witness orotherperson, 
ordered to attend the House in his way in going or re- 
turning ; or who shall rescue any person arrested by the 
order of the House. 

And no member of the House of Representatives shall 
be arrested or held to bail on mesne process, during his 
going into, returning from, or his attending the general as- 
sembly 

11. The Senate have the same powers in the like 
cases ; and the Governor and Council shall have the same 
authority to punish in like cases : provided, that no im- 
prisonment, on the warrant or order of the Governc.r, 
Council, Senate, or House of Representatives, for either 
of the above described offences, be for a term exceeding 
thirty days. 

And the Senate and House of Representatives may try 
and determine all cases where their rights and privileges 



36 CONSTITUTION OF MASSACHUSETTS. 

are concerned, and which, by the Constitution, they have 
authority to try and determine, by committees of their 
own members, or in such other way as they may respec- 
tively think best. 

CHAPTER II. 

Section 1. — Executive Power. 

Governor 

Article 1. There shall be a supreme executive magis- 
trate, who shall be styled the Governor of the Common- 
wealth of Massachusetts ; and whose title shall be^ Ms 
Excellency . 

2. The Governor shall be chosen annually: and no per- 
son shall be eligible to this office, unless at the time of 
his election he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; and unless 
he shall, at the same time, be seized, in his own right, 
of a freehold within the commonwealth of the value of 
one thousand pounds ; and unless he shall declare him- 
self to be of the Christian religion. 

3. Those persons who shall be qualified to vote for 
senators and representatives, within the several towns of 
this commonwealth, shall, at a meeting to be called for 
that purpose, on the first Monday of April, annually, give 
in their votes for a Governor to the selectmen, who shall 
preside at such meetings ; and the town clerk, in the pre- 
sence, and with the assistance of the selectmen, shall, in 
open town meeting, sort and count the votes, and form a 
list of the persons voted for, with the number of votes for 
each person, against his name : and shall make a fair 
record of the same in the town books, and a public decla- 
ration thereof in the said meeting ; and shall, in the pre- 
sence of the inhabitants, seal up copies of tlie said lists, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
last Wednesday in May : and the sheriflf shall transmit 
the same to the secretary's office seventeen days at least 
before the said last Wednesday in May ; or the selectmen 



CONSTITUTION OF MASSACHUSETTS. 37 

may cause returns of the same to be made to the office 
of the secretary of the commonwealth, seventeen days 
at least before the said day ; and the secretary shall 
lay the same before the Senate and House of Repre- 
sentatives on the last Wednesday iji May, to be by them 
examined: and in case of an election by a majority of all 
the votes returned, the choice shall be by them cleclared 
and published. But if no person shall have a majority 
of votes, the House of Representatives shall, by ballot, 
elect two out of four persons, who had the highest num- 
ber of votes, if so many shall have been voted for: but, 
if otherwise, out of the number voted for; and make return 
to the Senate of the persons so elected ; on which the 
Senate shall, by ballot, elect one who shall be declared 
Governor. 

4. The Governor shall have authority from time to 
time, at his discretion, to assemble and call together the 
counsellors of this commonwealth for the time being; 
and the Governor, with the said counsellors, or five of 
them at least, shall, and may from time to time, hold and 
keep a council, for the ordering and directing the affairs 
of the commonwealth, agreeably to the Constitution and 
laws of the land. 

5. The Governor, with the advice of council, shall 
have full pov/er and authority, during the session of the 
general court, to adjourn or prorogue the same, to any 
time the two Houses shall desire ; and to dissolve the same 
on the day next preceding the last Wednesday in May, 
and in the recess of the said court to prorogue the same, 
from time to time, not exceeding ninety days in any one 
recess : and to call it together sooner than the time to 
which it may be adjourned or prorogued, if the welfare 
of the commonwealth shall require the same. And in 
case of any infectious distemper prevailing in the place 
where the said court is next, at any time, to convene, or 
any cause happening, whereby danger may arise to the 
health or lives of the members from their attendance, he 
may direct the session to be held at some other of the 
most convenient places within the State. 

And the Governor shall dissolve the said general court 
on the day next preceding the last Wednesday in May 
4 



38 CONSTITUTION OF MASSACHUSETTS. 

8. In cases of disagreement between the two Houses 
with regard to the necessity, expediency, or time of ad- 
journment, or prorogation, the Governor, with advice of 
the council, shall have a right to adjourn or prorogue the 
general court, not exceeding ninety days, as he shall de- 
termine, and the public good shall require. 

7. The Governor of this commonwealth, for the time 
being, shall be commander-in-chief of the army and navy, 
and of all tlie military forces of the State, by sea and 
land ; and shall have full power, by himself, or by any 
commander, or other officer or officers, from time to time, 
to train, instruct, exercise, and govern the militia and 
navy ; and, for the special defence and safety of the com- 
monwealth, to assemble in martial array, and put in war- 
like posture, the inhabitants thereof; and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth ; 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person or persons, as shall at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth; and to use and exercise over the 
army and navy, and over the militia in actual service, the 
law martial, in time of war or invasion, and also in time 
of rebellion, (declared by the legislature to exist,) as oc- 
casion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons (with their ships, arms, ammunition, 
and goods) as shall, in a hostile manner, invade, or at- 
tempt the invading, conquering, or annoying this com- 
monwealth : and that the Governor be intrusted with all 
these and other powers incident to the offices of captain- 
general, and commander-in-chief, and admiral, to be ex- 
ercised agreeably to the rules and regulations of the Con- 
stitution, and the laws of the land, and not otherwise. 

Provided, that the said Governor shall not, at any time 
hereafter, by virtue of any power by this Constitution 
granted, or hereafter to be granted to him by the legisla- 
ture, transport any of the inhabitants of this common 



CONSTITUTION OF MASSACHUSETTS. 39 

wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the 
consent of the general court ; except so far as may be ne- 
cessary to march or transport them by land or water, for 
the defence of such part of the State, to which they can- 
not conveniently have access. 

8. The power of pardoning offences, except such as 
persons may be convicted of before the Senate by an im- 
peachment of the House, shall be in the Governor, by 
and with the advice of council; but no charter of pardon, 
granted by the Governor, with advice of the council, be- 
fore conviction, shall avail the party pleading the same, 
notwithstanding any general or particular expressions 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

9. All judicial officers, the attorney-general, the soli- 
citor-general, all sheriffs, coroners, and registers of pro- 
bate, shall be nominated and appointed by the Governor, 
by and with the advice and consent of the council ; and 
every such nomination shall be made by the Governor, and 
made at least seven days prior to such appointment. 

10. The captains and subalterns of the militia shall be 
elected by the written votes of the train band and alarm 
list of their respective companies, of twenty-one years of 
age and upwards. The field officers of regiments shall 
be elected by the written votes of the captains and sub- 
alterns of their respective regiments. The brigadiers 
shall be elected, in like manner, by the field officers of 
their respective brigades. And such officers, so elected, 
shall be commissioned by the Governor, who shall deter- 
mine their rank. 

The legislature shall, by standing laws, direct the time • 
and manner of convening the electors, and of collecting 
votes, and of certifying to the Governor the officers elected 

The major-generals shall be appointed by the Senate 
and House of Representatives, each having a negative 
upon the other; and be commissioned by the Governor. 

And if the electors of brigadiers, field officers, captains, 
or subalterns, shall neglect or refuse to make such elec- 
tions, after being duly notified according to the laws of 
the time being, then the Governor with advice of council 
shall appoint suitable persons to fill such offices, 



40 CONSTITUTION OF MASSACHUSETTS. 

And no officer, duly commissioned to command m the 
militia' shall be removed from his office, but by the ad' 
dress of both Houses to the Governor, or by fair trial in 
court-martial, pursuant to the laws of the commonwealth 
for the time being. 

The commanding officers of regiments shall appoint 
their adjutants and quarter-masters ; the brigadiers their 
brigade-majors; and the major-generals their aids; and 
the Governor shall appoint the adjutant-general. 

The Governor, with advice of council, shall appoint all 
officers of the continental army, whom (by the confedera- 
tion of the United States) it is provided that this com- 
monwealth shall appoint, as also all officers of forts and 
garrisons. 

The divisions of the militia into brigades, regiments, 
and companies, made in pursuance of the militia laws 
now in force, shall be considered as the proper divisions 
of the militia of this commonwealth, until the same shall 
be altered in pursuance of some future law. 

11. No moneys shall be issued out of the treasury of 
this commonwealth, and be disposed of (except such 
sums as may be appropriated for the redemption of bills 
of credit or treasurer's notes, or for the payment of inte- 
rest arising thereon) but by warrant, under the hand of the 
Governor for the time being, with the advice and consent 
of the council, for the necessary defence and support of 
the commonwealth, and for the protection and preserva- 
tion of the inhabitants thereof, agreeably to the act and 
resolves of the general court. 

12. All public boards, the commissary-general, all su- 
perintending officers of public magazines and stores, be- 
longing to this commonwealth, and all commanding offi- 
cers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, 
and at other times, when required by the Governor, deli- 
ver to him an account of all goods, stores, provisions, 
ammunition, cannon, with their appendages, and small 
arms, with their accoutrements, and of all other public 
property whatever, under their care respectively ; distin- 
guishing the quantity, number, quality, and kind of each, 
as particular as may be ; together with the condition of 



CONSTITUTIOxV OF MASSACHUSETTS. 41 

such forts and garrisons. And the said commanding of- 
ficer shall exhibit to the Governor, when required by 
him, true and exact plans of such forts, and of the land 
and sea, harbor or harbors, adjacent. 

And the said boards and all public officers shall com- 
municate to the Governor, as soon as may be, after re- 
ceiving the same, all despatches and intelligence of a pub- 
lic nature, which shall be directed to them respectively. 

13. As the public good requires that the Governor 
should not be under the influence of any of the members 
of the general court, by a dependence on them for his 
support: that he should in all cases act with freedom for 
the benefit of the public ; that he should not have his at- 
tention necessarily diverted from that object, to his pri- 
vate concerns ; and that he should maintain the dignity 
of the commonwealth, in the character of its chief magis- 
trate — it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suf- 
ficient for those purposes, and established by standing 
laws ; and it shall be among the first acts of the general 
court, after the commencement of this Constitution, to es- 
tablish such salary by law accordingly. 

Permanent and honorable salaries shall also be esta- 
blished by law for the justices of the supreme judicial 
court. 

And if it shall be found that any of the salaries afore- 
said, so established, are insufficient, they shall, from 
time to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II.— Section 2. 

Lieutenant- Governor. • 

Article 1 . There shall be annually elected a Lieutenant- 
Governor of the commonwealth of Massachusetts, whose 
title shall be. His Honour; and who shall be qualified, 
in point of religion, jTroperty, and residence in the com- 
monwealth, in the same manner with the Governor ; and 
the day and manner of his election, and the qualifications 
of the electors, shall be the same as are required in the 
4* 



42 CONSTITUTION OF MASSACHUSETTS. 

election of a Governor. The return of the votes for this 
officer, and the declaration of his election, shall be in the 
same manner: and if no one person shall be found to have a 
majority of all the votes returned, the vacancy shall be 
filled by the Senate and House of Representatives, in the 
same manner as the Governor is to be elected, in case no 
one person shall have a majority of the votes of the peo- 
ple, to be Governor. 

2. The Governor, and, in his absence, the Lieutenant- 
Governor, sliall be the president of the council ; but shall 
have no vote in council ; and the Lieutenant-Governor 
shall always be a member of the council, except when 
the chair of the Governor shall be vacant. 

3. Whenever the chair of the Governor shall be vacant 
by reason of his death, or absence from the common- 
wealth, or otherwise, the Lieutenant-Governor for the 
time being shall, during such vacancy, perform all the 
duties incumbent upon the Governor, and shall have and 
exercise all the power and authorities which, by this-Con- 
stitution, the Governor is vested with, when personally 
present. 



CHAPTER n.— Section 3. 

Council, and the manner of settling Elections by the 
Legislature. 

Article 1. There shall be a council for advising the 
Governor in the Executive part of the Government, to 
consist of nine persons, besides the Lieutenant-Governor, 
whom the Governor, for the time being, shall have full 
power and authority from time to time, at his discretion, 
to assemble and call together: and the Governor, with the 
said counsellors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the aff*airsof the commonwealth, accord- 
mg to the laws of the land. 

2. Nine counsellors shall be annually chosen from 
among the persons returned from the counsellors and 
senators, on the last Wednesday in May, by the joint 
ballot of the senators and representatives, assembled in 



CONSTITUTIOx\ OF MASSACHUSETTS. 43 

one room : and in case there shall not be found, upon the 
first choice, the whole number of nine persons, who wiU 
accept a seat in the council, the deficiency shall be made 
up by the electors aforesaid, from among the people at 
large ; and the number of senators left shall constitute the 
Senate for the year. The seats for the persons thus 
elected from the Senate, and accepting the trust, shall be 
vacated in the Senate. 

3. The counsellors, in the civil arrangements of the 
commonwealth, shall have rank next after the Lieutenant- 
Governor. 

4. Not more than two counsellors shall be chosen out 
of any one district of this commonwealth. 

5. The resolutions and advice of the council shall be 
recorded in a register ; and signed by the members pre- 
sent: and this record may be called for at any time by 
either house of the legislature ; and any member of the 
council may insert his opinion, contrary to the resolution 
of the majority. 

6. Whenever the office of Governor and Lieutenant- 
Governor shall be vacant, by reason of death, absence, or 
otherwise, then the council, or the major part of them, 
shall, during such vacancy, have full power and authority 
to do and to execute all and every such acts, matters, and 
things, as the Governor or Lieutenant-Governor might or 
could, by virtue of this Constitution, do or execute, if 
they or either of them were personally present. 

7. And whereas the elections appointed to be made by 
this Constitution, on the last Wednesday in May annual- 
ly, by the two Houses of the legislature, may not be com- 
pleted on that day, the said elections may be adjourned 
from day to day until the same shall be completed. And 
the order of election shall be as follows : the vacancies in 
the Senate, if any, shall first be filled up ; the Governor 
and Lieutenant-Governor shall then be elected, provided 
there shall be no choice of them by the people ; and after- 
wards the two Houses shall proceed to the election of the 
council. 



44 CONSTITUTION OF MASSACHUSETTS 

CHAPTER II.— Section 4. 
Secretary, Treasurer, Commissary, c^c. 

Article 1. The secretary, treasurer, and receiver-gene- 
ral, and the commissary-general, notaries public, and na- 
val officers, shall be chosen annually, by joint ballot of 
the senators and representatives, in one room ; and that 
the citizens of this commonwealth may be assured, from 
time to time, that the moneys remaining in the public 
treasury npon the settlement and liquidation of the public 
accounts, are their property, no man shall be eligible as 
treasurer and receiver-general more than five years suc- 
cessively. 

2. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct he shall be accountable ; and he shall 
attend the Governor and council, the Senate and House 
of Representatives, in person, or by his deputies, as they 
shall respectively require. 

CHAPTER III. 

Judiciary Power. 

Article 1. The tenure that all commission officers shall, 
by law, have in their offices, shall be expressed in their 
respective commissions ; all judicial officers, duly appoint- 
ed, commissioned, and sworn, shall hold their offices 
during good behaviour ; excepting such concerning whom 
there is different provision made in this Constitution: Pro- 
vided, nevertheless, the Governor, with consent of the 
council, may remove them upon the address of both 
Houses of the legislature. 

2. Each branch of the legislature, as well as the Go- 
vernor and council, shall have authority to require the 
opinions of the justices of the supreme judicial court, up- 
on important questions of law, and upon solemn occa- 
sions. 

3. In order that the people may not suffer from the 
long continuance in place of any justice of the peace, who 



CONSTITUTION OF MASSACHUSETTS. 45 

shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of tho 
peace shall expire and become void in the term of seven 
years from their respective dates ; and ipoLi the expira- 
tion of any commission, the same may, if necessary, bo 
renewed, or another pcaon. appointed, as shall most con- 
duce to the well-bein^; o.f tlie comraoawcjilth. 

4. The judges of probates of wills, and for granting 
letters of administratioii, shall hold their courts at such 
place or places, on fixed days, a? the cou 'f^cience of the 
people may require : and &:.^ legisi.iiare shall, from time 
to time hereafter, appoi ^acn times and places: until 
which appointments, the said courts shall be holden at 
the times and places which the respective judges shall di- 
rect. 

5. All the causes of marriage, divorce, and alimony, 
and all appeals from the judges of probate, shall be heard 
and determined by the Governor and council, until the 
legislature shall, by law, make other provisions. 

CHAPTER IV. 

Delegates to Congress, 

The Delegates of this commonwealth to the Congress 
of the United States shall, some time in the month of 
June annually, be elected by joint ballot of the Senate 
and House of Representatives, assembled together in one 
room ; to serve in Congress for one year, to commence 
on the first Monday in November the next ensuing. 
They shall have commission under the hand of the Go- 
vernor, and the great seal of the commonwealth ; but 
may be recalled at any time within the year, and others 
chosen and commissioned in the same manner, in their 
stead. 



46 CONSTITUTION OF MASSACHUSETTS. 



CHAPTER V. 

To the University at Cambridge, and Encouragement 
of Literature, 4'C. 

Section 1. — The University. 

Article 1. Whereas our wise and pious ancestors, so 
early as the year one thousand six hundred and thirty-six, 
laid the foundation of Harvard college, in which univer- 
sity many persons of great eminence have, by the bless- 
ing of God, been initiated into those arts and sciences 
which qualified them for public employments both in 
church and state : and whereas the encouragement of arts 
and sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the 
great benefit of this and the other United States 
of America, it is declared that the president and 
fellows of Harvard college in their corporate capa- 
city, and their successors in that capacity, their offi- 
cers and servants, shall have, hold, use, exercise, and en- 
joy, ail the powers, authorities, rights, liberties, privileges, 
immunities, and franchises, which they now have, or are 
entided to have, hold, use, exercise, and enjoy : and the 
same are hereby ratified and confirmed unto them, the 
said president, and fellows of Harvard college, and to their 
successors, and to their officers and servants, respective- 
ly, for ever. 

2. And whereas there have been, at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, 
tenements, goods, chattels, legacies, and conveyances, 
heretofore made, either to Harvard college, in Cambridge, 
in New England, or to the president and fellows of Har- 
vard college, or to the said college, by some other descrip- 
tion, under several charges successively — it is declared, 
that all the said gifts, grants, devises, legacies, and con- 
veyances, are hereby for ever confirmed unto the presi- 
dent and fellows of Harvard college, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor and grantors, de- 
visor or devisors. 



COJSSTITUTION OF MASSACHUSETTS, 47 

3. And whereas, by an act of the general court of the 
colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the Governor, and de- 
puty-Governor, for the time being, and all the magistrates 
of that jurisdiction, were, with the president and a num 
ber of the clergy in the said act described, constituted the 
overseers of Harvard college: and it being necessary in 
this new constitution of government, to ascertain who 
shall be deemed successors to the said Governor, deputy- 
Governor,and magistrates, it is declared that the Governor, 
Lieutenant-Governor, Council, and Senate of this common- 
wealth, are and shall be deemed their successors : who, 
with the president of Harvard college, for the time being, 
together with the ministers of the congregational churches 
in the towns of Cambridge, Watertown, Charlestown, 
Boston, Roxbury, and Dorchester, mentioned in the said 
act, shall be, and hereby are, vested with all the powers 
and authority belonging, or in any way appertaining to 
the overseers of Harvard college : provided, that nothing 
herein shail be construed to prevent the legislature of this 
commonwealth from making such alterations in the go- 
vernment of the said university as shall be conducive to 
its advantage, and the interest of the republic of letters 
in as full a manner as might have been done by the legis 
lature of the late province of the Massachusetts Bay. 



CHAPTER V. 

Section 2. — The Encouragement of Literature. 

Wisdom and knowledge, as well as virtue, diffused gen- 
erally among the body of the people, being necessary for 
the preservation of their rights and liberties, and as these 
depend on spreading the opportunities and advantages of 
education in the various parts of the country, and among 
the different orders of the people, it shall be the duty of 
the legislatures and magistrates, in all future periods of 
this commonwealth, to cherish the interest of literature 
and the sciences, and all seminaries of them : especially 
the university at Cambridge, public schools, and grammar 
schools in the towns ; to encourage private societies and 



48 CONSTITUTION OF MASSACHUSETTS. 

public institutions, by rewards and immunities for the 
promotion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings 
sincerity, good humor, and all social affections and gene 
rous sentiments among the people. 



CHAPTER VI. 

Oaths and subscriptions ; incompatibility of, and exclusion from^ 
offices ; pecuniary qualifications ,• commissions ,• writs ; confirma- 
tion of laws ,• habeas corpus ; the enacting style ,• continuanci 
of officers ,• provision for a future revisal of the Constitution, ^c. 

Article 1. Any person chosen Governor, or Lieute- 
nant-Governor, counsellors, senator, or representative, and 
accepting the trust, shall, before he proceed to execute 
the duties of his place or office, take, make, and sub- 
scribe the following declaration, viz. : 

"I, A. B., do declare that I believe the Christian reli- 
gion, and have a firm persuasion of its truth ; and 
that I am seized and possessed, in my own right, of 
the property required by the Constitution, as one 
qualification for the office or place to which I am 
elected." 
And the Governor, Lieutenant-Governor, and counsel- 
lors, shall make and subscribe the said declaration in the 
presence of the two Houses of Assembly ; and the sena- 
tors and representatives first elected under this Constitu- 
tion, before the president and five of the council of the 
former Constitution ; and, for ever afterwards, before the 
Governor and council for the time being. 

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or com- 
missioned to any judicial, executive, military, or other 
office, under the government, shall, before he enter on the 
discharge of the business of his place or office, take and 
subscribe the following declaration and oaths, or affirma- 
tions, viz. : 



CONSTITUTION OF MASSACHUSETTS. 49 

*'I, A. B., do truly and sincerely acknowledge, pro- 
fess, testify, and declare, that the commonwealth of 
Massachusetts is, and of right ought to be, a free, 
sovereign, and independent state ; and I do swear thai 
I will bear true faith and allegiance to the said com- 
monwealth, and I will defend the same against trai- 
torous conspiracies, and all hostile attempts whatso- 
ever : and that I do renounce and abjure all allegi- 
ance, subjection, and obedience to the king, queen, 
or government of Great Britain, as the case may be, 
and every foreign power whatsoever: and that no 
foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jurisdiction, superiority, 
pre-eminence, authority, dispensing or other power, 
in any matter, civil, ecclesiastical, or spiritual, with- 
in this commonwealth, except the authority and 
power which is or may be vested by their constitu- 
ents in the Congress of the United States : And I 
do further testify and declare, that no man or body of 
men hath or can have any right to absolve or dis- 
charge me from the obligation of this oath, declara- 
tion, or affirmation ; and that I do make this acknow- 
ledgment, profession, testimony, declaration, denial 
renunciation, and abjuration heartily and truly, ac 
cording to the common meaning and acceptation of 
the foregoing words, without any equivocation, men- 
tal evasion, or secret reservation whatsoever. So 
help me God. 
"I, A. B., do solemnly swear and affirm, that I will 
faithfully and impartially discharge and perform all 
the duties incumbent on me as , accord- 
ing to the best of my abilities and understanding, 
agreeably to the rules and regulations of the Consti- 
tution, and the laws of this commonwealth. So 
help me God.''' 
Provided always, that when any person cliosen or ap- 
pointed as aforesaid shall be of the denomination of the 
people called Quakers, and shall decline taking the said 
oaths, he shall make his affirmation, in the foregoing 
form, and subscribe the same, omitting the words, "•! do 
swear,'' ^'and abjure,^' ^^ oathy'^ ^^ and abjuration,'" in 



50 CONSTITUTION OF MASSACHUSETTS. 

the first oath ; and in the second oath, the words " swear 
and," and in each of them the words " so help me God ;^^ 
subjoining instead thereof, " This I do under the pains 
and penalties of perjury ." 

And in the said oaths or affirmations shall be taken and 
subscribed by the Governor, Lieutenant-Governor, and 
counsellors, before the president of the Senate, in the pre- 
sence of two Houses of Assembly : and by the senators 
and representatives first elected under this Constitution, 
before the president and five of the council of the former 
Constitution ; and, for ever afterwards, before the Gover- 
nor and Council for the time being; and by the residue 
of the officers aforesaid, before such persons as, from 
time to time, shall be prescribed by the legislature. 

2. No Governor, Lieutenant-Governor, or judge of the 
supreme judicial court, shall hold any office or place under 
the authority of this commonwealth, except such as by 
this Constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of jus- 
tices of the peace throughout the State ; nor shall they 
hold any other place or office, or receive any pension or 
salary, from any other State, or Government, or power 
whatever. 

No person shall be capable of holding or exercising, at 
the same time, more than one of the following offices 
within this State, viz. : judge of probate, sheriff, register 
of probate, or register of deeds : and never more than any 
two offices, which are to be held by appointment of the 
Governor, or the Governor and council, or the Senate, 
or the House of Representatives, or by election of 
the people of the State at large, or of the peo- 
ple of any county, (military officer and the office of jus- 
tice of the peace excepted,) shall be held by one person. 

No person holding the office of judge of the supreme judi 
cial court, secretary , attorney-general, solicitor-general, 
treasurer, or receiver-general, judge of probate, commissa 
ry-general, president, professor, or instructor of Harvard 
college, sheriff, clerk of the House of Representatives, re- 
gister of probate, register of deeds, clerk of the supreme ju 
(licial court, clerk of the inferior court of common pleas, oi 
officer of the customs, (including in this description naval 



CONSTITUTION OF MASSACHUSETTS. 51 

officers,) shall at the same tune have a seat in the Senate 
or House of Representatives ; but, their being cliosen or 
appointed to, and accepting the same, shall operate as a re- 
signation of their seat in the Senate or House of Represen- 
tatives ; and the places so vacated shall be filled up. 

And the same rule shall take place in case any judge 
of the said supreme judicial court, or judge of probate, 
shall accept a seat in council, or any counsellor shall ac- 
cept of either of those ofHces or places. 

x4Lnd no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

3. In all cases where sums of money are mentioned in 
this Constitution, the value thereof, shall be computed in 
silver, at six shillings and eight pence per ounce ; and 'it 
shall be in the power of the legislature from time to time, 
to increase such qualifications, as to property, of the per- 
sons to be elected into offices, as the circumstances of the 
commonwealth shall require. 

4. All commissions shall be in the name of the com- 
monwealth of Massachusetts; signed by the Governor, 
and attested by the secretary or his deputy, and have the 
great seal of the commonwealth affixed thereto. 

5. All writs issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the common- 
wealth of Massachusetts ; they shall be under the 
seal of the court from whence they issue ; they 
shall bear test of the first justice of the court to which 
they shall be returnable, (who is not a party,) and be sign- 
ed by the clerk of such court. 

6. All the laws which have heretofore been adopted, 
used, and approved of in the province, colony, or State 
of Massachusetts Bay, and usually practised on in the 
courts of law, shall still remain and be in full force, until 
altered or repealed by the legislature : such parts only 
excepted as are repugnant to the rights and liberties con- 
tained in this Constitution. 

7. The privilege and benefit of the writ of habeas cor- 
pus shall be enjoyed in this commonwealth in the most 



r 



52 CONSTITUTION OF MASSACHUSETTS. 

free, easy, cheap, expeditious, and ample manner ; and 
shall not be suspended by the legislature, except upon 
the most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 

8. The enacting style, in making and passing all acts, 
statutes, and laws, shall be, " Be it enacted by the Senate 
and House of Representatives, in general court assem^ 
bled, and by the authority of the same.'" 

9. To the end there may be no failure of justice, or 
danger arise to the commonwealth, from a change of the 
form of government, all officers, civil and military, hold- 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 
of said government and people, at the time this Con- 
stitutvon shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the ex- 
ecution of the business of their respective departments : 
and all the executive and legislative officers, bodies, and 
powers, shall continue in full force in the enjoyment and 
exercise of all their trusts, employment, and authority, 
until the general court, and the supreme and executive 
officers, under this Constitution, are designated and in- 
vested with their respective trusts, powers, and authority. 

10. In order more effectually to adhere to the princi- 
ples of the Constitution, and correct those violations 
which by any means may be made therein, as well as to 
form such alterations as from experience shall be found 
necessary, the general court which shall be in the year of 
our Lord one thousand seven hundred and ninety-five, 
shall issue precepts to the selectmen of the several towns, 
and to the assessors of the unincorporated plantations, di- 
recting them to convene the qualified voters of their re- 
spective towns and plantations, for the purpose of collect- 
ing their sentiments on the necessity of expediency of 
revising the Constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- 
thirds of the qualified voters throughout the State, who 
shall assemble and vote in consequence of the said pre- 
cepts are in favor of such revision or amendment, the 



CONSTITUTION OF MASSACHUSETTS. 53 

general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns, to 
elect delegates to meet in Convention, for the purpose 
aforesaid. 

The said delegates to be chosen in the same manner 
and proportion, as their representatives in the second 
branch of the legislature are by this Constitution to be 
chosen. 

11. This form of Government shall be enrolled on 
parchment, and deposited in the secretary's office, and be 
a part of the laws of the land : and printed copies thereof 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 
JAMES BOWDOIN, President. 

Attest, Samuel Barret, Secretary. 



AMENDMENTS. 

Article 1. If any bill or resolve shall be objected to, 
and not approved of by the Governor ; and if the general 
court shall adjourn within five days after the same shall 
have been laid before the Governor for his approbation, 
and thereby prevent his returning it, with his objections, 
as provided by the Constitution ; such bill or resolve 
shall not become a law, nor have force as such. 

Art. 2. The general court shall have full power and au- 
thority to erect or constitute municipal or city govern- 
ments in any corporate town or towns, in this common- 
wealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
Constitution, as the general court shall deem necessary or 
expedient, for the regulation and Government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants in wards, or otherwise, for 
the election of officers, under the Constitution, and the 
manner of returning the votes given at such meetings : 
provided, that no such Government shall be erected or 
constituted in any town not containing twelve thousand 
mliahitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 



CONSTITUTION OF MASSACHUSETTS. 

iiig duly warned and holden for that purpose : and pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. 3. Every male citizen of twenty-one years of age, 
and upwards, (excepting paupers and persons under 
guardianship,) who shall have resided within the com- 
monwealth one year, and within the town or district in 
which he may claim a right to vote, six calendar months 
next preceding any election of Governor, Lieutenant- 
Governor, senators, representatives, and who shall have 
paid, by himself or his parent, master or guardian, any 
state or county tax, which shall, within two years next 
preceding such election, have been assessed upon him, 
in any town or district of this commonwealth : and also 
every citizen, who shall be by law exempt from taxation, 
and who shall be in all other respects qualified as above 
mentioned, shall have a right to vote in such election of 
Governor, and Lieutenant-Governor, senators, and repre- 
sentatives ; and no other person shall be entitled to a 
vote in such election. 

Art. 4. Notaries public shall be appointed by the Go- 
vernor, in the same manner as judicial officers are ap- 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the Governor, with the con- 
sent of the council, and upon the address of both Houses 
of the legislature. 

In case the office of secretary or treasurer of the common- 
wealth shall become vacant from any cause, during the re- 
cess of the general court, the Governor, with the consent of 
the council shall nominate and appoint, under such regula- 
tions as may be prescribed by law, a competent and suitable 
person to such vacant office, who shall hold the same until a 
successor shall be appointed by the general court. 

Whenever the exigencies of the commonwealth shall 
require the appointment of a commissary-general, he shall 
be nominated, api)ointed, and commissioned, in such 
manner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia, 
may be removed from office in such manner as the legis- 
lature may, by law, prescribe. 



CONSTITUTION OF MASSACHUSETTS. DO 

Art. 5. In the election of captains and subalterns of the 
militia, all the members of their respective companies, as 
well as those under, as those above the age of twenty-one 
years, shall have a right to vote. 

Art. 6. Instead of the oath of allegiance, prescribed by 
the Constitution, the following oath shall be taken and 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this com- 
monwealth, before he shall enter upon the duties of his 
office, to wit : 

" I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the commonwealth of Massachu- 
setts, and will support the Constitution thereof. So help 
me God." 

Provided, that when any person shall be of the denomi- 
nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foregoing form, 
omitting the word " swear," and inserting, instead there- 
of, the word " affirm," and omitting the words " so help 
me God," and subjoining, instead thereof, the words 
" this I do under the pains and penalties of perjury." 

Art. 7. No oath, declaration, or subscription, except- 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the Governor, Lieute- 
nant-Governor, counsellors, senators, or representatives, to 
qualify th*»m to perform the duties of their respective 
offices. 

Art. 8. No judge of any court of this commonwealth, 
(except the court of sessions,) and no person holding any 
office under the authority of the United States, (post mas- 
ters excepted,) shall, at the same time, hold the office of 
Governor, Lieutenant-Governor, or counsellor, or have a 
seat in the Senate or House of Representatives of this 
commonwealth; and no judge of any court in this com- 
monwealth, (except the court of sessions,) nor the attor 
ney-general, solicitor-general, county attorney, clerk of 
any court, sheriff, treasurer, and receiver-general, registei 
of probate, nor register of deeds, shall continue to hold 
his said office after being elected a member of the Con- 
gress of the United States, and accepting that trust ; but 
ne acceptance of such trust, by any of the officers afore- 



56 CONSTITUTION OF MASSACHUSETTS. 

said, shall be deemed and taken to be a resignation of his 
said office; and judges of the courts of common pleas 
shall hold no other office, under the government of this 
commonwealth, the office of the justice of the peace and 
militia officers excepted. 

Art. 9. If at any time hereafter, any specific and particu- 
lar amendment, or amendments to the Constitution be 
proposed in the general court, and agreed to by a majori- 
ty of the senators, and two-thirds of the members of the 
House of Representatives present and voting thereon, such 
proposed amendment or amendments shall be entered on 
the journals of the two Houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if in the general 
court then next chosen, as aforesaid, such proposed 
amendment or amendments shall be agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the House of Representatives present and voting thereon; 
then it shall be the duty of the general court to submit 
si;ch proposed amendment or amendments to the people ; 
and if they shall be approved and ratified by a majority 
of the qualified voters voting thereon, at meetings legally 
warned and holden for that purpose, they shall become 
part of the Constitution of this commonwealth. 

Resolved, That the above recited articles of amendment, 
shall be enrolled on parchment, and deposited in the 
secretary's office, as a part of the Constitution and funda- 
mental laws of this commonwealth, and published in im- 
mediate connexion therewith, in all future editions of 
the laws of this commonwealth, printed by public autho 
rity. And in order that the said amendments may be 
promulgated and made known to the people of this com- 
monwealth, without delay, it is further 

Resolved, That his excellency, the Governor, be, and 
he hereby is authorized and requested to issue his procla- 
mation, reciting the articles aforesaid ; announcinor that 
the same have been duly adopted and ratified by the peo- 
ple of this commonwealth, and become a part of the Con- 
stitution thereof; and requiring all magistrates, officers, 
civil and military, and all the citizens of this common- 
wealth, to take notice thereof, and govern themselves ac- 
•ordingly." 



CONSTITUTION OF NEW YORK. 57 

Now, therefore, I, John Brooks, Governor of the 
commonwealth of Massachusetts, by virtue of the au- 
thority to me given by the resolution last above vvritien, 
do issue this my proclamation, and I do hereby announce, 
that tiie several articles aforesaid have been duly ratified 
and adopted by the people of this commonwealth, and 
have become a part of the Constitution thereof. And all 
magistrates, officers, civil and military, and all the 
citizens of the commonwealth, are required to take 
notice thereof, and govern themselves accordingly. 
Given at the council chamber, in Boston, the day and 
year first above written, and in the forty-fifth year of 
the independence of the United States. 

JOHN BROOKS. 
By his Excellency, the Governor, 

Alden Bradford, Secretary, 
God save the commonwealth of Massachusetts ! 



COxNSTTTUTION OF NEW YORK. 
Article 1. 

Section 1. No member of this State shall be disfran- 
chised, or deprived of any of the rights or privileges se- 
cured to any citizen thereof, unless by the law of the 
land, or the judgment of his peers. 

2. The trial by Jury, in all cases in which it has been 
heretofore used, shall remain inviolate forever. But a 
jury trial may be waived by the parties in all civil cases, 
in the manner to be prescribed by law. 

8. The free exercise and enjoyment of religious pro- 
fession and worship, without discrimination or preference, 
shall forever be allowed in this State to all mankind ; and 
no person shall be rendered incompetent to be a witness 
on account of his opinions on matters of religious belief; 
but the liberty of conscience hereby secured shall not be 
so construed as to excuse acts of licentiousness, or jus- 
tify practices inconsistent with the peace or safety of thij 
State. 



■^^i 



58 CONSTITUTION OF NEW YORK. 

4. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require its suspension. 

5. Excessive bail shall not be required, nor excessive 
lines imposed, nor shall cruel and unusual punishments 
be inflicted, nor shall witnesses be unreasonably detained. 

G. No person shall be held to answer for a capital or 
otherwise infamous crime (except in cases of impeach- 
ment, and in cases of the militia, when in actual service; 
and the land and naval forces in time of war, or which 
this State may keep with the consent of Congress in 
time of peace; and in cases of petit larceny, under the 
regulation of the Legislature), unless on presentment or 
indictment of a grand jury, and in any trial in any court 
whatever, the party accused shall be allowed to appear 
and defend in person and with counsel, as in civil actions. 
No person sliall be subject to be twice put in jeopardy 
for the same offence ; nor shall he \)e compelled in any 
criminal case, to be a witness against himself; nor be 
deprived of life, liberty or property without due process 
of law ; nor shall private property be taken for public 
use without just compensation. 

7. When private property sliall be taken for any pub- 
lie use, the compensation to be made therefor, when such 
compensation is not made by the Slate, shall be ascer- 
tained by a jury, or by not less than three commission- 
ers appointed by a court of record, as shall be prescribed 
by law. Private roads may be opened in the manner to 
be jirescribed by law ; but in every case the necessity of 
the road, and the amount of all damage to be sustained 
by the opening thereof, shall be first determined by a 
jury of freeholders, and such amount, together with the 
expenses of the proceeding, shall be paid by the person 
to be benefitted. 

8. Every citizen may freely speak, write, and publish 
his sentiments on all subjects, being responsible for the 
abuse of that right; and no law shall be passed to restrain 
or abridge the liberty of speech, or of the press. In all 
criminal prosecutions or indictments for libels, the truth 
may be given in evidence to the jury ; and if it shall ap- 
pear to the jury, that the matter charged as libellous is 
true, and was published with good motives, and for justi- 



CO^STnUTlON OF NEW YORK. 59 

fiable ends, the party shall be acquitted ; and the jury 
shall have the right to determine the law and the fact. 

9. The assent of two-thirds of the members elected 
to each branch of the Legislature, shall be requisite to 
every bill appropriating the public moneys or property 
for local or private purposes. 

10. No law shall be passed, abridging the right of 
the people peaceably to assemble and to petition the gov- 
ernment, or any department thereof, nor shall any divorce 
be granted, otherwise than by due judicial proceedings, nor 
shall any lottery hereafter be authorized or any sale of 
lottery tickets allowed within this State, 

11. The People of this State, in their right of sov- 
ereignty, are deemed to posess the original and ultimate 
property in and to all lands within the jurisdiction of the 
State ; and all lands the tide to which shall fail, from a 
defect of heirs, shall revert, or escheat to the people. 

12. All feudal tenures of every description, with all 
their incidents, are declared to be abolished, saving how- 
ever, all rents and services certain which at any time 
heretofore have been lawfully created or reserved. 

l.S. All lands within this State are declared to be allo- 
dial, so that, subject only to the liability to escheat, the 
entire and absolute property is vested in the owners ac- 
cording to the nature of their respective estates. 

14. No lease or grant of agricultural land, for a longer 
period than twelve years, hereafter made, in which shall 
be reserved any rent or service of any kind, shall be 
valid. 

15. All fines, quarter sales, or other like restraints 
upon alienation reserved in any grant of land, hereafter to 
be made, shall be void. 

16. No purchase or contract for the sale of lands in 
this State, made since the fourteenth day of October, 
one thousand seven hundred and seventy-five ; or which 
may hereafter be made, of, or with the Indians, shall be 
valid, unless made under the authority, and with the 
consent of the Legislature. 

17. Such parts of the common law, and of the acts of 
the Legislature of the colony of New-York, as together 
did form the law of the said colony, on the nineteenth 
day of April, one thousand seven hundred and seventy 



60 CONSTITUTION OF NEW YORK. 

five, and the resolutions of the Congress of the said col- 
ony, and of the Convention of the State of New-York, 
in force on the twentieth day of April, one thousand 
seven hundred and seventy-seven, which have not since 
expired, or been repealed or altered ; and such acts of 
the Legislature of this Slate as are now in force, shall 
be and continue the law of this State, subject to such 
alterations as the Legislature shall make concerning the 
same. But all such parts of the common law, and such 
of the said acts, or parts thereof, as are repugnant to 
this Constitution, are hereby abrogated ; and the Legis- 
lature, at its first session after the adoption of this Con- 
stitution, shall appoint three commissioners, whose duty 
it shall be to reduce into a written and systematic code 
the whole body of the law of this State, or so much and 
such parts thereof as to the said commissioners shall 
seem practicable and expedient. And the said commis- 
sioners shall specify such alterations and amendments 
therein as they shall deem proper, and they sha'l at all 
times make reports of their proceedings to the Legis- 
lature, when called upon to do so ; and the Legislature 
shall pass laws regulating the tenure of office, the filling 
of vacancies therein, and the compensation of the said 
commissioners ; and shall also provide for the publication 
of the said code, prior to its being presented to the Leg's- 
islature for adoption. 

18. All grants of land within this State, made by the 
King of Great Britain, or persons ncting under his au- 
thority, after the fourteenth day of October, one thou- 
sand seven hundred and seventy-five, shall be null and 
void; but nothing contained in this Constitution shall 
affect any grants of land within this State, made by the 
authority of the said king or his predecessors, or shall 
annul any charters to bodies politic and corporate, by 
him or them made, before that day ; or shall affect any 
such grants or charters since made by this State, or by 
persons acting under its authority, or shall impair the 
obligation of any debts contracted by this State, or in- 
dividuals, or bodies corporate, or any other rights of 
property, or any suits, actions, rights of action, or other 
proceedings in courts of justice. 



constitution of new york. 61 

Article 2. 

Section 1. Every male citizen of the age of twenty- 
one years, who shall have been a citizen for ten days, 
and an inhabitant of this State one year next precediifg 
any election, and for the last four months a resident of 
the county where he may offer his vote, shall be entitled 
to vote at such election in the election district of which 
he shall at the time be a resident, and not elsewhere, for 
all officers tliat now are or hereafter may be elective by 
the people ; but such citizen shall have been for thirty 
days next preceding the election, a resident of the dis 
trict from which the officer is to be chosen for whom he 
offers his vote. ' But no man of color, unless he shall have 
been for three years a citizen of this State, and for one 
year next preceding any election shall have been seized 
and possessed of a freehold estate of the value of two 
hundred and fifty dollars, over and above all debts and 
incumbrances charged thereon, and shall have been actu- 
ally rated and paid a tax thereon, shall be entitled ^o 
vote at such election. And no person of color shall be 
subject to direct taxation unless he shall be seized and 
possessed of such real estate as aforesaid. 

2. Laws may be passed excluding from the right of 
suffrage all persons who have been or may be convicted 
of bribery, of larceny, or of any infamous crime ; and for 
depriving every person who shall make, or become di- 
rectly or indirectly interested in any bet or wager de- 
pending upon the result of any election, from the right 
to vole at such election. 

3. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence, by reason of 
his presence or absence, while employed in the service 
of the United States ; nor while engaged in the naviga- 
tion of the waters of this State, or of the United States, 
or of the high seas ; nor while a student of any seminary 
of learning; nor while kept at any alms house, or other 
asylum, at public expense; nor while confined in any 
public prison. 

4. Laws shall be made for ascertaining by proper 
proofs the citizens who shall be entitled to the right of 
suffrage hereby established. 



62 CONSilTcTION UF NEW YORK. 

5. All elections by the citizens shall be by ballot, ex- 
cept for such town officers as may by law be directed 
to be otherwise chosen. 

Article 3. 

Section 1. The legislative power of this State shall 
be vested in a Senate and Assembly. 

2. The Senate shall consist of thirty-two members, 
and the Senators shall be chosen for two years. 

The Assembly shall consist of one hundred and twen- 
ty-eight members, who shall be annually elected. 

3. The State shall be divided into thirty-two districts, 
to be called Senate districts, each of which shall choose 
one Senator. The districts shall be numbered from one 
to thirty-two inclusive. 

District number one (1) shall consist of the counties of 
Suffolk, Richmond and Queens. 

District number two (2) shall consist of the county of 
Kings. 

/Districts number three (3) number four (4) number 
live (5) and number six (6) shall consist of the city and 
county of New-York; and the board of supervisors of 
said city and county shall, on or before the first day of 
May one thousand eight hundred and forty-seven, divide 
the said city and county into the number of Senate Dis- 
tricts, to which it is entitled, as near as may be of an 
equal number of inhabitants, excluding aliens and per- 
sons of color not taxed, and consisting of convenient 
and contiguous territory ; and no Assembly District shall 
be divided in the formation of a Senate District. The 
board of supervisors, when they shall have completed 
such division, shall cause certificates thereof, stating the 
number and boundaries of each district and the popula- 
tion thereof, to be filed in the office of the Secretary of 
State, and of the clerk of the said city and county. 

District number seven (7) shall consist of the counties 
of Westchester, Putnam and Rockland. 

District number eight (8) shall consist of the counties 
of Dutchess and Columbia. 

District number nine (9) shall consist of the counties 
gf Orange and Sullivan. 

District number ten (10) shall consist of the counties 
of Ulster and Greene. 



CONSTITUTION OF NEW YORK 63 

District number eleven (11) shall consist of the coun- 
ties of Albany and Schenectady. 

District number twelve (12) shall consist of the coun- 
ty of Rensselaer. 

District number thirteen (13) shall consist of the coun- 
ties of Washington and Saratoga. 

District number fourteen (14) shall consist of the 
counties of Warren, Essex and Clinton. 

District number fifteen (15) shall consist of the coun- 
ties of St. Lawrence and Franklin. 

District number sixteen (16) shall consist of the coun- 
ties of Herkimer, Hamilton, Fulton and Montgomery. 

District number seventeen (17) shall consist of the 
counties of Schoharie and Delaware. 

District number eighteen (18) shall consist of the 
counties of Otsego and Chenango. 

District number nineteen (19) shall consist of the 
county of Oneida. 

District number twenty (20) shall consist of the coun- 
ties of Madison and Oswego. 

District number twenty-one (21) shall consist of the 
counties of Jefferson and Lewis. 

District number twenty-two (22) shall consist of the 
county of Onondaga. 

District number twenty-three (23) shall consist of the 
counties of Cortland, Broome and Tioga. 

District number twenty-four (24) shall consist of the 
counties of Cayuga and Wayne. 

District number tv/enty-five (25) shall consist of the 
counties of Tomkins, Seneca and Yates. 

District number twenty-six (26) shall consist of the 
counties of Steuben and Chemung. 

District number twenty-seven (27) shall consist of the 
county of Monroe. 

District number twenty-eight (28) shall consist of the 
counties of Orleans, Genesee and Niagara. 

District number twenty-nine (29) shall consist of the 
counties of Ontario and Livingston. 

District number thirty (30) shall consist of the coun- 
ties of Alleghany and Wyoming. 

District number thirty-one (31) shall consist of tht 
county of Erie. 



64 CONSTITUTION OF NEW YORK. 

District number thirty-two (32) shall consist of the 
counties of Chautauque and Cattaraugus. 

4. An enumeration of the inhabitants of the State shall 
be taken, under the direction of the Legislature, in the 
year one thousand eight hundred and fifty-five, and at 
the end of every ten years thereafter ; and the said dis- 
tricts shall be so altered by the Legislature, at the first 
session after the return of every enumeration, that each 
Senate district shall contain, as nearly as may be, an 
equal number of inhabitants, excluding aliens, and per- 
sons of color not taxed ; and shall remain unaltered un- 
til the return of another enumeration, and shall at all 
times consist of contiguous territory ; and no county 
shall be divided in the formation of a Senate district, 
except such county shall be equitably entitled to two or 
more Senators. 

5. The members of Assembly shall be apportioned 
among the several counties of this State, by the Legis- 
lature, as nearly as may be, according to the number of 
their respective inhabitants, excluding aliens, and persons 
of color not taxed, and shall be chosen by single districts. 

The several boards of supervisors in such counties of 
this State, as are now entitled to more than one member 
of Assembly, shall assemble on the first Tuesday of Ja- 
nuary next, and divide their respective counties into 
Assembly districts equal to the number of members of 
Assembly to which such counties are now severally en- 
titled by law, and shall ^ause to be filed in the offices of 
the Secretary of State and the clerks of their respective 
counties, a description of such Assembly districts, speci- 
fying the number of each district and the population 
thereof, according to the last preceding State enumeration, 
IS near as can be ascertained. Each Assembly district 
shall contain, as nearly as may be, an equal number of in- 
habitants, excluding aliens and persons of color not taxed, 
and shall consist of convenient and contiguous territory ; 
but no town shall be divided in the formation of A.ssem- 
bly districts. 

The Legislature, at its first session after the return of 
every enumeration, shall re-apportion the members of 
Assembly among the several counties of this State, in 
manner aforesaid, and the boards of supervisors in such 



CONSTITUTION OF NEW YORK. 65 

counties as may be entitled, under such re-appointment, 
to more than one member, shall assemble at such time as 
the Legislature making such re-appointment shall pre- 
scribe, and divide such counties into Assembly districts, 
in the manner herein directed ; and the appointment 
and districts so to be made, shall remain unaltered until 
another enumeration shall be taken under the provisions 
of the preceding section. 

Every county heretofore established and separately or- 
ganized, except the county of Hamilton, shall always be 
entitled to one member of the Assembly, and no new 
county shall be hereafter erected, unless its populatiou 
shall entitle it to a member. 

The county of Hamilton shall elect with the county of 
Fulton, until the population of the county of Hamilton 
shall, according to the ratio, be entitled to a member. 

6. The members of the Legislature shall receive for 
their services a sum not exceeding three dollars a day, 
from the commencement of the session ; but such pay 
shall not exceed in the aggregate three hundred dollars 
for per diem allowance, except in proceedings for im- 
peachment. The limitation as to the aggregate compen- 
sation shall not take effect until the year one thousand 
eight hundred and forty-eight. When convened in extra 
session by the Governor, they shall receive three dollars 
per day. They shall also receive the sum of one dollar 
for every ten miles they shall travel, in going to and re- 
turning from their place of meeting, on the most usual 
route. The Speaker of the Assembly shall, in virtue of 
his office, receive an additional compensation equal to 
one third of his per diem allowance as a member. 

7. No member of the Legislature shall receive any 
civil appointment within this State, or to the Senate of 
the United States, from the Governor, the Governor and 
Senate, or from the Legislature, during the term for 
which he shall have been elected ; and all such appoint- 
ments, and all votes given for any such member, for any 
such office or appointment shall be void. 

8. No person being a member of Congress, or hold- 
ing any judicial or military office under the United 
States, shall hold a seat in the Legislature. And if any 
person shall, after his election as a member of the Leg- 

6* 



66 COKSriTUTION OF NEW YORK. 

islature, be olected to Congress, or appointed to any 
ollice, civil or military, under the government of the Uni- 
ted States, his acceptance thereof shall vacate his seat. 

9. The elections of Senators and members of Assem- 
bly, pursuant to the provisions of tliis Constitution, shall 
be held on the Tuesday succeeding the first Monday of 
November, unless otherwise directed by the Legislature. 

10. A majority of each house shall constitute a 
quorum to do business. Each house shall determine the 
rules of its own proceedings, and be the judge of the 
elections, returns, and qualifications of its own members, 
shall choose its own officers; and the Senate shall choose 
a temporary president, when the Lieutenant-Governor 
shall not attend as president, or shall act as Governor. 

11. Each house shall keep a journal of its proceed- 
ings, and publish the same, except such parts as may 
require secrecy. The doors of each house shall be kept 
open, except when the public welfare shall require se- 
crecy. Neither house shall, without the consent of the 
other, adjourn for more than two days. 

12 For any speech or debate in either house of the 
Legislature, the members shall not be questioned in any 
other place. 

13. Any bill may originate in either house' of the 
Legislature, and all bills passed by one house may be 
amended by the other. 

14. The enacting clause of all bills shall be " The 
people of the St^te of New York, represented in Senate 
and Assembly, do enact as follows," and no law shall be 
enacted except by bill. 

15. No bill shall be passed unless by the assent of a 
mnjority of all the members elected to each branch of the 
Legislature, and the question upon the final passage 
shall be taken immediately upon its last reading, and the 
yeas and nays entered on the journal. 

16. No private or local bill, which may be passed by 
the Legislature, shall embrace more than one subject, 
and that shall be expressed in the title. 

17. The Legislature may confer upon the boards of 
supervisors of the several counties of the State, such 
further powers of local legislation and administration, as 
they shall from time to time prescribe. 



constitution of new york. 67 

Article 4. 

Section 1. The executive power shall be vested in a 
Governor, who shall hold his office for two years ; a Lieu- 
tenant-Governor shall be chosen at the same lime, and 
for the same term. 

2. No person, except a citizen of the United States, 
shall be eligible to the office of Governor, nor shall any 
person be eligible to that office, who shall not have at- 
tained the age of thirty years, and who shall not have 
been five years next preceding his election, a resident 
within this State. 

3. The Governor and Lieutenant-Governor shall be 
elected at the times and places of choosing members of the 
Assembly. The persons respectively having the high- 
est number of votes for Governor and Lieutenant Gov- 
ernor shall be elected ; but in case two or more shall 
have an equal and the highest number of votes for Gov- 
ernor, or for Lieutenant Governor, the two houses of 
tlie Legislature, at its next annual session, shall, forth- 
with, by joint ballot, choose one of the said persons so 
having an equal and the highest number of votes for Go- 
venor, or Lieutenant Governor. 

4. The Governor shall be commander-in-chief of the 
military and naval forces of the State. He shall have 
power to convene the Legislature (or the Senate only) 
on extraordinary occasions. He shall communicate by 
message to the Legislature, at every session, the condi- 
tion of the State, and recommend such matters to them 
as he shall judge expedient. He shall transact ail neces- 
sary business with the officers of government, civil and 
miliiary. He shall expedite all such measures, as may 
be resolved upon by the Legislature, and shall take care 
that the laws are faithfully executed. He shall, at stated 
times, receive for his services a compensation to be esta- 
blished by law, which shall neither be increased nor di- 
minished after his election and during his continuance in 
office. 

5. The Governor shall have the power to grant re- 
prieves, commutations, and pardons after conviction, for 
all offences except treason and cases of impeachment, 
upon such conditions, and with such restrictions and Li 



'68 CONSTITUTION OF NEW YORK. 

mitations, as he may think proper, subject to such regu- 
lation as may be provided by law relative to the manner 
of applying for pardons. Upon conviction for treason, 
he shall have power to suspend the execution of the sen- 
tence until the case shall be reported to the Legislature 
at its next meeting, when the Legislature shall either 
pardon, or commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He shall an- 
nually communicate to the Legislature each case of re- 
prieve, coinmut tion or pardon granted ; stating the name 
of the convict, the crime of which he was convicted, the 
sentence and its date, and the date of the commutation, 
pardon or reprieve. 

6. In case of the impeachment of the Governor, or 
his removal from office, death, inability to discharge the 
powers and duties of the said office, resignation or 
absence from the State, the powers and duties of the 
office shall devolve upon the Lieutenant-Governor for 
the residue of the term, or until the disability shall cease. 
But when the Governor shall, with the consent of the 
Legislature, be out of the State in time of war, at the 
head of a military force thereof, he shall continue com- 
mander-in-chief of all the military force of the State. 

7. The Lieutenant-Governor shall possess the same 
qualifications of eligibility for office as the Governor. 
He shall be President of the Senate, but shall only have 
a casting vote therein. If during a vacancy of the office 
of Governor, tlie Lieutenant-Governor shall be impeach- 
ed, displaced, resign, die, or become incapable of per- 
forming the duties of his office, or be absent from the 
State, the President of the Senate shall act as Gover- 
nor, until the vacancy be filled, or the disability shall 
cease. 

8. The Lieutenant-Governor shall, while acting as 
such, receive a compensation which shall be fixed by 
law, and which shall not be mcreased or diminished 
during his continuance in office. 

9. Every bill which shall have passed the Senate and 
Assembly, shall, before it becomes a law, be presented 
to the Governor: if he approve, he shall sign it ; but if 
not, lie shall return it with his objections to that house, 
in which it shall have originated ; who shall enter the 



CONSTlTUTlOiN OF NEW YORK. 69 

objections at large on their journal and proceed to recon- 
sider it. If after such reconsideration, two-thirds of the 
members present shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered ; and if approved 
by two-thirds of all the members present, it shall become 
a law, notwithstanding the objections of the Governor. 
But in all such cases, the votes of both houses shall bo 
determined by yeas and nays, and the names of the mem- 
bers voting for and against the bill, shall be entered on 
the journal of each house respectively. If any bill shall 
not be returned by the Governor within ten days (Sun- 
days excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had sign- 
ed it, unless the Legislature shall, by their adjournment, 
prevent its return ; in which case it shall not he a law. 

Article 5. 

Section 1. The Secretary of State, Comptroller, 
Treasurer and Attorney-General, shall be chosen at a 
general election, and shall hold their offices for two years. 
Each of the officers in this article named (except the 
Speaker of the Assembly), shall at stated times, during 
his continuance in office, receive for his services, a com- 
pensation, which shall not be increased or diminished 
during the term for which he shall have been elected ; 
nor shall he receive, to his use, any fe'&s or perquisites 
of office, or other compensation. 

2. A State Engineer and Surveyor shall be chosen at 
a general election, and shall hold his office two years, 
but no person shall be elected to said office who is no* 
a practical engineer. 

3. Three Canal Commissioners shall be chosen al 
the general election which shall be held next after the 
adoption of this Constitution, one of whom shall hold his 
office for one year, one for two years, and one for three 
years. The Commissioners of the Canal Fund shall 
meet at the Capitol on the first Monday of January, next 
after such election, and determine by lot which of said 
Commissioners shall hold his office for one year, which 
for two, and which for three years ; and there shall be 



•yO CONSTITUTION OF NEW YORK. 

elected annually, thereafter, one Canal Commissioner, 
who shall hold his office for three years. 

4. Three Inspectors of State Prisons, shall be elected 
at the general election which shall be held next after the 
adoption of this Constitution, one of whom shall hold 
his office for one year, one for two years, and one for 
three years. The Governor, Secretary of State, and 
Comptroller, shall meet at the Capitol on the first Mon- 
d^y of January next succeeding such election, and deter- 
mine by lot which of said Inspectors shall hold his office 
for one year, which for two, and which for three years ; 
and there shall be elected annually thereafter one Inspec- 
tor of State Prisons, who shall hold his office for three 
years. Said Inspectors shall have the charge and super- 
intendence of the State prisons, and shall appoint all the 
officers therein. All vacancies in the office of such In- 
spector shall be filled by the Governor, till the next elec- 
tion. 

5. The Lieutenant-Governor, Speaker of the Assem- 
bly, Secretary of State, Comptroller, Treasurer, Attor- 
ney-General and State Engineer and Surveyor, shall be 
the Commissioners of the Land-Office. 

The Lieutenant-Governor, Secretary of State, Comp- 
troller, Treasurer, and Attorney-General, shall be the 
Commissioners of the Canal Fund. 

The Canal Board shall consist of the Commissioners 
of the Canal Fund, the State Engineer and Surveyor, 
and the Canal Commissioners. 

6. The powers and duties of the respective boards 
and of the several officers in this Article mentioned, 
shall be such as now are or hereafter may be prescribed 
by law. 

7. The Treasurer may be suspended from office by 
the Governor, during the recess of the Legislature, and 
until thirty days after the commencement of the next ses- 
sion of the Legislature, whenever it shall appear to him 
tbiat such Treasurer has, in any particular, violated his 
duty. The Governor shall appoint a competent person 
to discharge the duties of the office, during such suspen- 
sion of the Treasurer. 

8. All offices for the weighing, gauging measuring, 
culling or inspecting any merchandize, produce, manu- 



CONSTITUTION OF NEW YORK. 71 

facture or commodity, whatever, are hereby abolished, 
and no such office shall hereafter be created by law ; but 
nothing in this section contained, shall abrogate any 
office created for the purpose of protecting the public 
health or the interests of the State in its property, re- 
venue, tolls, or purchases, or of supplying the people 
with correct standards of weights and measures, or shall 
prevent the creation of any office for such purpose here- 
after. 

Article 6, 

Section 1. The Assembly shall have the power of 
impeachment, by the vote of a majority of all the mem- 
bers elected. The court for the trial of impeachments, 
shall be composed of the President of the Senate, the 
Senators, or a major part of them, and the judges of the 
court of appeals, or a major part of them. On the trial 
of an impeachment against the Governor, the Lieutenant- 
Governor shall not act as a member of the court. No ju- 
dicial officer shall exercise his office after he shall have 
been impeached, until he shall have been acquitted. Be- 
fore the trial of an impeachment, the members of the 
court shall take an oath or affirmation, truly and impar- 
tially to try the impeachment, according to evidence ; 
and no person shall be convicted, without the concur- 
rence of two- thirds of the members present. Judg- 
ment in cases of impeachment shall not extend further 
than to removal from office, or removal from office, and 
disqualification to hold and enjoy any office of honor, 
trust or profit under this State ; but the party impeached 
shall be liable to indictment, and punishment according 
to law. 

2. There shall be a Court of Appeals, composed of 
eight judges, of whom four shall be elected by the elec- 
tors of the State for eight years, and four selected from 
the class of Justices of the Supreme Court having the 
shortest time to serve. Provision shall be made by law, 
for designating one of the number elected, as chief judge, 
and for selecting such Justices of the Supreme Court, 
from time to time, and for so classifying those elected, 
that one shall be elected every second year. 



7!J CONSTITUTION OF NEW YORK. 

3. There shall be a Supreme Court having general 
jurisdiction in law and equity. 

4. The State shall be divided into eight judicial dis 
tricts, of which tJie city of New-York shall be one ; tho 
others to be bounded by county lines and to be compact 
and equal in population as nearly as may be. There 
shall be four Justices of the Supreme Court in each dis- 
trict, and as many more in the district composed of the 
city of New-York, as may from time to time be author- 
ized by law, but not to exceed in the whole such number 
in proportion to its population, as shall be in conformity 
with the number of such judges in the residue of the 
State in proportion to its population. They shall be 
classified so that one of the justices of each district shall 
go out of office at the end of every two years. After the 
expiration of their terms under such classification, the 
term of their office shall be eight years. 

5. The Legislature shall have the same powers to al- 
ter and regulate the jurisdiction and proceedings in law 
and equity, as they have heretofore possessed. 

6. Provision may be made by law for designating from 
time to time, one or more of the said justices, who is 
not a judge of the Court of Appeals, to preside at 
the general terms of the said Court to be held in the 
several districts. Any three or more of the said justices, 
of whom one of the said justices so designated shall 
always be one, may hold such general terms. And any 
one or more of the justices may hold speciaHerms and 
circuit courts, and any one of them may preside in courts 
of oyer and terminer in any county. 

7. Tlie Judges of the Court of Appeals and justices of 
the Supreme Court shall severally receive at stated times 
for their services, a compensation to be established by 
law, which shall not be increased or diminished during 
their continuance in office. 

8. They shall not hold any other office or public trust 
All votes for either of them, for any elective office (ex- 
cept that of Justice of the Supreme Court, or judge of 
tlie court of appeals), given by the Legislature or the 
people, shall be void. They shall not exercise any 
power of appointment to public office. Any male citi- 
zen of the age of twenty-one years, of good moral char- 



CONSTITUTION OF NEW YORK. 73 

acter, and who possesses the requisite qualifications of 
learning and ability, shall be entitled to admission to 
practice in all the courts of this State. 

9. The classification of the Justices of the Supreme 
Court ; the times and place of holding the terras of the 
court of appeals, and of the general and special terms of 
the Supreme Court within the several districts, and the 
circuit courts and courts of oyer and terminer within the 
several counties, shall he provided for by law. 

10. The testimony in equity cases shall be taken in 
like manner as in cases at law. 

11. Justices of the Supreme Court and judges of the 
Court of Appeals, may be removed by concurrent reso- 
lution of both houses of the Legislature, if two-thirds of 
all the members elected to the Assembly, and a majority 
of all the members elected to the Senate, concur therein. 

All judicial officers, except those mentioned in this 
section, and except justices of the peace, and judges and 
justices of inferior courts not of record may be removed 
by the Senate, on the recommendation of the Governor; 
but no removal shall be made by virtue of this section, 
unless the cause thereof be entered on the journals, nor 
unless the party complained of, shall have been served 
with a copy of the complaint against him, and shall have 
had an opportunity of being heard in his defence. On 
the question of removal, the ayes and noes shall be en- 
tered on the journals. 

12. The judge of the Court of Appeals shall be elected 
by the electors of the State, and the justices of the Su- 
preme Court by the electors of the several judicial dis- 
tricts, at such times as may be prescribed by law. 

13. In case the office of any judge of the Court of 
Appeals, or justice of the Supreme Court, shall become 
vacant before the expiration of the regular term for which 
he was elected, the vacancy may be filled by appoint- 
ment by the Governor, until it shall be supplied at the 
next general election of judges, when it shall be filled by 
election for the residue of the unexpired term. 

14. There shall be elected in each of the counties of 
this State, except the city and county of New-York, one 
county judge, who shall hold his office for four years. 
He shall hold the county court, and perform the duties 

7 



74 CONS'IITUTION OF NEW YORK. 

of the office of surrogate. The county court shall havo 
such jurisdiction in cases arising injustices' courts, and 
in special cases, as the Legislature may prescribe ; but 
shall have no original civil jurisdiction, except in such 
special cases 

The county judge, with two justices of the peace, to 
be designated according to law, may hold courts of ses- 
sions with such criminal jurisdiction as the Legislature 
shall prescribe, and perform such other duties as may be 
required by law. 

The county judge shall receive an annual salary, to be 
fixed by the board of supervisors, which shall be neither 
increased nor diminished during his continuance in office. 

The justices of the peace, for services in courts of ses- 
sions, shall be paid a per diem allowance out of the 
county treasury. 

In counties having a population exceeding forty thou- 
sand, the Legislature may provide for the election of 
a separate officer to perform the duties of the office of 
surrogate. 

The Legislature may confer equity jurisdiction in spe- 
cial cases upon the county judge. 

Liferior local courts, of civil and criminal jurisdiction, 
may be established by the Legislature in cities ; and 
such courts, except for the cities of New-York and Buf- 
falo, shall have an uniform organization and jurisdiction 
in such cities. 

15. The Legislature may, on application of the board 
of supervisors, provide for the election of local offi- 
cers, not to exceed two in any county, to discharge the 
duties of county judge and of surrogate, in cases of 
their inability or a vacancy, and to exercise such other 
powers in special cases as may be provided by law. 

16. The Legislature may reorganize the judicial dis- 
tricts at the first session after the return of every enume- 
ration under this constitution, in the manner provided 
for in the fourth section of this article, and at no other 
time ; and they may, at such session, increase or dimin- 
ish the number of districts, but such increase or diminu- 
tion shall not be more than one district at any one time. 
Each district shall have four justices of the Supreme 



CONSTITUTION OF NEW YORK. 75 

Court ; but no diminution of the districts shall have the 
effect to remove a judge from office. 

17. The electors of the several towns, shall, at then 
annual town meeting, and in such manner as the Legis- 
lature may direct, elect justices of the peace, whose 
term of office shall be four years. In case of an elec- 
tion to fill a vacancy occurring before the expiration of a 
full term, they shall hold for the residue of the unex- 
pired term. Their number and classification may be re- 
gulated by law. Justices of the peace and judges or 
justices of inferior courts not of record and their clerks 
may be removed after due notice and an opportunity of 
being heard in their defence by such county, city or state 
courts as may be prescribed by law, for causes to be as- 
signed in the order of removal. 

18. All judicial officers of the cities and villages, and 
all such judicial officers as may be created therein by law, 
shall be elected at such times and in such manner as the 
Legislature may direct. _ 

19. Clerks of the several counties of this State shall 
be clerks of the Supreme Court, with such powers and 
duties as shall be prescribed by law. A clerk for the 
Court of Appeals, to be ex-officio clerk of the Supreme 
Court, and to keep his office at the seat of government, 
shall be chosen by the electors of the State ; he shall 
hold his office for three years, and his compensation 
shall be fixed by law and paid out of the public Trea- 

^"20. No judicial officer, except justices of the peace, 
shall receive to his own use, any fees or perquisites of 

office. , • 1 * 

21. The Legislature may authorize the judgments, 
decrees and decisions of any local inferior court of re- 
cord of original civil jurisdiction, established in ^ city, 
to be removed for review directly into the Court of Ap- 

22* The Legislature shall provide for the speedy 
publication of all statute laws, and of such judicial 
decisions as it may deem expedient. And all laws 
and judicial decisions shall be free for publication by any 

23. Tribunals of conciliation may be established. 



76 CONSTITUTION OF NEW YORK, 

with such powers and duties as may be prescribed by- 
law, but such tribunals shall have no power to render 
judgment to be obligatory on the parties, except they 
voluntarily submit their matters in difference and agree 
to abide the judgment, or assent thereto, in the presence 
of such tribunal, in such cases as shall be prescribed by 
law. 

24. The Legislature at its first session after the adop- 
tion of this Constitution, shall provide for the appoint- 
ment of three commissioners, whose duty it shall be to 
revise, reform, simplify and abridge the rules and prac- 
tice, pleadings, forms and proceedings of the courts of 
record of this State, and to report thereon to the Legis- 
lature, subject to their adoption and modification from 
time to time 

25. The Legislature at its first session after the adop- 
tion of this Constitution, shall provide for the organiza- 
tion of the Court of Appeals, and for transferring to it 
the business pending in the Court for the Correction of 
Errors, and for the allowance of writs of error and ap- 
peals to the Court of Appeals, from the judgments and 
decrees of the, present Court of Chancery and Supreme 
Court, and of the courts that may be organized under this 
Constitution. 

Article "7. 

Section 1. After paying the expenses of collection, 
superintendance and ordinary repairs, there shall be ap- 
propriated and set apart in each fiscal year, out of the 
revenues of the State canals, commencing on the first 
day of June, one thousand eight hundred and forty-six, 
the sum of one million and three hundred thousand dol- 
lars until the first day of June, one thousand eight hun- 
dred and fifty-five, and from that time the sum of one 
million and seven hundred thousand dollars in each fiscal 
year, as a sinking fund, to pay the interest and redeem 
the principal of that part of the State debt called the 
canal debt, as it existed at the time first aforesaid, and 
including three hundred thousand dollars then to be bor- 
rowed, until the same shall be wholly paid; and the 
principal and income of the said sinking fund shall be 
sacredly applied to that purpose. 



CONSTITUTION OF NEW YORK. 77 

2. After complying with the provisions of the first 
section of this article, there shall be appropriated and 
set apart out of the surplus revenues of the State canals, 
in each fiscal year, commencing on the first day of June, 
one thousand eight hundred and forty-six, the sum of 
three hundred and fifty thousand dollars, until the time 
when a suflicient sum shall have been appropriated and 
set apart, under the said first section, to pay the interest 
and extinguish the entire principal of the canal debt; and 
after that period, then the sum of one million and five hun- 
dred thousand dollars in each fiscal year, as a sinking 
fund, to pay the interest and redeem the principal of that 
part of the State debt called the General Fund Debt, 
including the debt for loans of the State credit to rail 
road companies which have failed to pay the interest 
thereon, and also the contingent debt on State stocks 
loaned to incorporated companies which have hitherto 
paid the interest thereon, whenever and as far as any 
part thereof may become a charge on the Treasury or 
General Fund, until the same shall be wholly paid; 
and the principal and income of the said last mentioned 
sinking fund shall be sacredly applied to the purpose 
aforesaid; and if the payment of any part of the moneys 
to the said sinking fund shall at any time be deferred, 
by reason of the priority recognized in the first section 
of this article, the sum so ^deferred, with quarterly in- 
terest thereon, at the then current rate, shall be paid to 
the last mentioned sinking fund, as soon as it can be 
done consistently with the just rights of the creditors 
holding said canal debt. 

3. After paying the said expenses of superintendance 
and repairs of the canals, and tiie sums appropriated by 
the first and second sections of this Article, there shall 
be paid out of the surplus revenues of the canals, to the 
Treasury of the State, on or before the thirtieth day ot 
September, in each year, for the use and benefit of the 
General Fund, such sum, not exceeding two hundred 
thousand dollars, as may be required to defray the ne- 
cessary expenses of the State ; and the remainder of 
the revenues of the said canals shall, in each fiscal year, 
be applied, in such manner as the Legislature shall 
direct, to the completion of the Erie Canal enlargement, 



78 CONSTITUTION OF NEW YORK. 

and the Genesee Valley and Black River canals, until 
the said canals shall be completed. 

•If at any time after the period of eight years from the 
adoption of this Constitution, the revenues of the State, 
unappropriated by this article, shall not be sufficient to 
defray the necessary expenses of the government, with- 
out continuing or laying a direct tax, the Legislature 
may, at its discretion, supply the deficiency, in whole or 
in part, from the surplus revenues of the canals, after 
complying with the provisions of the first two sections 
of this article, for paying the interest and extinguishing 
the principal of the Canal and General Fund Debt; but 
the sum thus appropriated from the surplus revenues of 
the canals shall not exceed annually three hundred and 
fifty thousand dollars, including the sum of two hundred 
thousand dollars, provided for by this section for the ex- 
penses of the government, until the General Fund Debt 
shall be extinguished, or until the Erie Canal enlargement 
and Genesee Valley and Black River Canals shall be com- 
pleted, and after that debt shall be paid, or the said 
canals shall be completed, then the sum of six hundred 
and seventy-two thousand five hundred dollars, or 
so much thereof as shall be necessary, may be annually 
appropriated to defray the expenses of the government. 

4. The claims of the State against any incorporated 
company to pay the interest and redeem the principal 
of the stock of the State loaned or advanced to such com- 
pany, shall be fairly enforced, and not released or 
compromised ; and the moneys arising from such claims 
shall be set apart and applied as part of the sinking 
fund provided in the second section of this article. But 
the time limited for the fulfilment of any condition of 
any release or compromise heretofore made or provided 
for, may be extended by law. 

.5. If the sinking funds, or either of them, provided in 
this article, shall prove insufficient to enable the State, 
on the credit of such fund, to procure the means to satisfy 
the claims of the creditors of the State as they become 
payable, the Legislature shall, by equitable taxes, so 
increase the revenues of the said funds as to make them, 
respectively, sufficient perfectly to preserve the public 
faith. Every contribution or advance to the canalsj or 



CONSTITUTION OF NEW YORK. 79 

their debt, from any source, other than their direct re- 
venues, shall, with quarterly interest, at the rates then 
ciirrent, be repaid into the Treasury, for the use of the 
State, out of the canal revenues, as soon as it can be done 
consistently with the just rights of the creditors holding 
the said canal debt. 

6. The Legislature shall not sell, lease, or otherwise 
dispose of any of the canals of the State ; but they shall 
remain the property of the State and under its manage- 
ment, forever. 

7. The Legislature shall never sell or dispose of the 
salt springs belonging to this State. The lands conti- 
guous thereto and which may be necessary and conveni- 
ent for the use of the salt springs, may be sold by 
authority of law and under the direction of the com- 
missioners of the land office, for the purpose of investing 
the moneys arising therefrom in other lands alike conve- 
nient ; but by such sale and purchase the aggregate 
quantity of these lands shall not be diminished. 

8. No moneys shall ever be paid out of the Treasury 
of this State, or any of its funds, or any of the funds 
under its management, except in pursuance of an appro- 
priation by law ; nor unless such payment be made 
within two years next after the passage of such appro- 
priation act ; and every such law, making a new appro- 
priation, or continuing or reviving an appropriation, 
shall distinctly specify the sum appropriated, and the ob- 
ject to which it is to be applied ; and it shall notbe sufficient 
for such law to refei to any other law to fix such sum. 

9. The credit of the State shall not, in any manner, 
be given or loaned to, or in aid of any individual as- 
sociation or corporation. 

10. The State may, to meet casual deficits or failures 
in revenues, or for expenses not provided for, contract 
debts, but such debts, direct and contingent, singly or in 
the aggregate, shall not at any time, exceed one million 
of dollars ; and the moneys arising from the loans cre- 
ating such debts, shall be applied to the purpose for 
which they were obtained, or to repay the debts so con- 
tracted, and to no other purpose whatever. 

11. In addition to the above limited power to contract 
debts, the State may contract debts to repel invasion- 



&0 CONSTITUTION OF NEW YORK. 

suppress insurrection, or defend the Stale in war; but 
the nioney arising from the contracting of such debts 
shall be applied to the purpose for which it was raised, 
or to repay such debts, and to no other purpose what- 
ever. 

12. Except the debts specified in the tenth and 
eleventh sections of this article, no debt shall be here- 
after contracted by or on behalf of this State, unless such 
debt shall be authorized by a law, for some single work 
or object, to be distinctly specified therein ; and such 
law shall impose and provide for the collection of a di- 
rect annual tax to pay, and sufficient to pay the interest 
on such debt as it falls due, and also to pay and discharge 
the principal of such debt within eighteen years from 
the time of the contracting thereof. 

No such law shall take effect until it shall, at a general 
election, have been submitted to the people, and have 
received a majority of all the votes cast for and against 
it, at such election. 

On the final passage of such bill in either house of 
the Legislature, the question shall be taken by ayes and 
noes, to be duly entered on the journals thereof, and shall 
be : " Shall this bill pass and ought the same to receive 
the sanction of the people ?" 

The Legislature may at any time, after the approval of 
such law by the people, if no debt shall have been con- 
tracted in pursuance thereof, repeal the same ; and may 
at any time, by law, forbid the contracting of any 
further debt or liability under such law ; but the tax im- 
posed by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such 
law, shall remain in force and be irrepealable, and be 
annually collected, until the proceeds thereof shall 
have made the provision herein before specified to pay 
and discharge the interest and principal of such debt and 
liability. 

The money arising from any loan or stock creating 
such debt or liability, shall be applied to the work or 
object specified in the act authorizing such debt or liabi- 
lity, or for the repayment of such debt or liability, and 
for no other purpose whatever. 

No such law shall be submitted to be voted on, within 



CONSTITUTION OF NEW YORK. 81 

three months after its passage, or at any general election, 
when any other law, or any bill, or any amendment to 
the Constitution, shall be submitted to be voted for or 
against, 

13. Every law which imposes, continues or revives a 
tax, shall distinctly state the tax and the object to which 
it is to be applied ; and it shall not be sufficient to refer 
to any other law to fix such tax or object. 

14. On the final passage, in either house of the Legis- 
lature, of every act which imposes, continues, or revives 
a tax, or creates a debt or charge, or makes, continues 
or revives any appropriation of public or trust money or 
property, or releases, discharges, or commutes any 
claim or demand of the state, the question shall be taken 
by ayes and noes, which shall be duly entered on the 
journals, and three-fifths of all the members elected to 
either house, shall, in all such cases, be necessary to 
constitute a quorum therein. 

Article 8. 

Section I . Corporations may. be formed under gen- 
eral laws ; but shall not be created by special act, except 
for municipal purposes, and in cases where in the judg- 
ment of the Legislature, the objects of tho' corporation 
cannot be attained under general laws. All general laws 
and special acts passed pursuant to this section, may be 
altered from time to time or repealed. 

2. Dues from corporations shall be secured by 
such individual liability of the corporators and other 
means as may be prescribed by law. 

3. The term corporations as used in this article, shall 
be construed to include all associations and joint-stock 
companies having any of the powers or privileges of cor- 
porations not possessed by individuals or partnerships. 
And all corporations shall have the right to sue and shall 
be subject to be sued in all courts in like cases as natural 
persons. 

4. The Legislature shall have no power to pass any 
act granting any special charter for banking purposes , 
but corporations or associations may be formed for such 
purposes under general laws. 



83 CONSTITUTION OF NEW YORK. 

5. The Legislature shall have no power to pass any 
law sanctioning in any manner, directly or indirectly, 
the suspension of specie payments, by any person, asso^ 
ciation or corporation issuing bank notes of any descrip- 
tion. 

6. The Legislature shall provide by law for the regis- 
try of all bills or notes, issued or put in circulation as 
money, and shall require ample security for the redemp- 
tion of the same in specie. 

7. The stockholders in every corporation and joint- 
stock association for banking purposes, issuing bank 
notes or any kind of paper credits to circulate as money, 
after the first day of January, one thousand eight hundred 
and fifty, shall be individually responsible to the amount 
of their respective share or shares of stock in any such 
corporation or association, for all its debts and liabilities 
of every kind, contracted after the said first day of Ja- 
nuary, one thousand eight hundred and fifty. 

8. Incase of the insolvency of any bank or banking 
association, the bill-holders thereof shall be entitled to 
preference in payment, over all other creditors of such 
bank or association. 

9. It shall be the duty of the Legislature to provide for 
the organization of cities and incorporated villages, and 
to restrict their power of taxation, assessment, borrowing 
money, contracting debts and loaning their credit, so as 
to prevent abuses in assessments, and in contracting debt 
by such municipal corporations. 

Article 9 

Section 1. The capital of the Common School Fund; 
the capital of the Literature Fund; and the capital of tlie 
United States Deposite Fund, shall be respectively 
preserved inviolate. The revenue of the said Common 
School Fund shall be applied to the support of common 
schools; the revenues of the said Literature Fund shall 
be applied to the support of academies, and the sum of 
twenty-five thousand dollars of the revenues of the United 
States Deposite Fund shall each year be appropriated to 
and made a part of the capital of the said Common School 
Fund. 



CONSTITUTION OF NEW YORK. 83 

Article 10. 

Section 1. Sheriffs, clerks of counties, including the 
register and clerk of the city and county of New- York, 
coroners, and district attorneys, shall be chosen, by the 
electors of the respective counties, once in every three 
years and aS' often as vacancies shall happen. Sheriffs 
shall hold no other office, and be ineligible for the next 
three years after the termination of their offices. They 
may be required by law, to renew their security, from 
time to time ; and in default of giving such new secu- 
rity, their offices shall be deemed vacant. But the 
county shall never be made responsible for the acts of 
the sheriff'. 

The Governor may remove any officer, in this section 
mentioned, within the term for which he shall have been 
elected; giving to such officer a copy of the charges 
against him, and an opportunity of being heard in his de- 
fence. 

2. All county officers whose election or appointment 
is not provided for, by this Constitution, shall be elected 
by the electors of the respective counties, or appointed 
by the boards of supervisors, or other county authori- 
ties, as the Legislature shall direct. All city, town and 
village officers, whose election or appointment is not 
provided for by this Constitution, shall be elected by 
the electors of such citins, towns and villages, or of some 
division thereof, or appointed by such authorities thereof, 
as the Legislature shall designate for that purpose. All 
other officers whose election or appointment is not pro- 
vided for by this Constitution, and all officers whose 
offices may hereafter be created by law, shall be elected 
by the people or appointed, as the Legislature may 
direct. 

3. When the duration of any office, is not provided by 
this Constitution, it may be declared bylaw, and if not 
so declared, such office shall be held, during the pleasure 
of the authority making the appointment. 

4. The time of electing all officers named in this arti 
cle shall be prescribed by law. 

5. The Legislature shall provide for filling vacancies 
in office, and in case of elective officers, no person ap- 
pointed to fill a vacancy shall hold his office by virtue 



84 CONSTITUTION OF NEW YORK. 

of such appointment longer than the commencement of 
the political year next succeeding the first annual election 
after the happening of the vacancy. 

6. The political year and legislative term, shall begin 
on the first day of January ; and the Legislature shall 
every year assemble on the first Tuesday in January, 
unless a different day shall be appointed by law. 

7. Provisions shall be made by law for the removal 
for misconduct or malversation in office of all officers 
(except judicial) whose powers and duties are not local 
or legislative, and who shall be elected at general elections, 
and also for supplying vacancies created by such re- 
moval. 

8. The Legislature may declare the cases in which 
any office shall be deemed vacant, where no provision is 
made for that purpose in this Constitution. 

Article 11. 

\ Section I. The militia of this State, shall at all times 
Hereafter, be armed and disciplined, and in readiness Tor 
service ; but all such inhabitants of this State of any re- 
ligious denomination whatever as from scruples of con- 
science may be averse to bearing arms, shall be excused 
therefrom, upon such conditions as shall be prescribed by 
law. 

2. Militia officers shall be chosen, or appointed, as 
follows: — captains, subalterns and non-commissioned 
officers shall be chosen by the written votes of the mem- 
bers of their respective companies. Field officers of 
regiments and separate battalions, by the written votes 
of the commissioned officers of the respective regiments 
and separate battalions ; brigadier-generals and brigade 
inspectors by the field officers of their respective bri- 
gades ; major generals, brigadier generals and command- 
ing officers of regiments or separate battalions, shall 
appoint the stafl!" officers to their respective divisions, 
brigades, regiments or separate battalions. 

3. The Governor shall nominate, and with the consent 
of the Senate, appoint all major generals, and the com- 
missary general. The adjutant general and other chiefs 
of staff departments, and the aids-de-camp of the com- 
mander-in-chief shall be appointed by the Governor, and 



CONSTITUTION OF NEW YORK. 85 

their commissions shall expire with the time for which 
the Governor shall have been elected. The commis- 
sary general shall hold his office for two years. He 
shall give security for the faithful execution of the duties 
of his office, in such manner and amount as shall be 
prescribed by law. 

4. The Legislature shall, by law, direct the time and 
manner of electing militia officers, and of certifying 
their elections to the Governor. 

5. The commissioned officers of the militia shall be 
commissioned by the Governor ; and no commissioned 
officer shall be removed from office, unless by the Senate 
on the recommendation of the Governor, stating the 
grounds on which such removal is recommended, or by 
the decision of a court martial, pursuant to law. The 
presG-nt officers of the militia shall hold their commissions 
subject to removal, as before provided. 

6. In case the mode of election and appointment of 
militia officers hereby directed, shall not be found con- 
ducive to the improvement of the militia, the Legislature 
may abolish the same, and provide by law for their ap- 
pointment and removal, if two -thirds of the members 
present in each house shall concur therein. 

Article 12. 

Section 1 . Members of the Legislature and all offi- 
cers, executive and judicial, except such inferior officers 
as may be by law exempted, shall, before they enter on 
the duties of their respective offices, take and subscribe 
the following oath or affirmation : 

•' I do solemnly swear (or affirm, as the case may be) 
that I will support the Constitution of the United States, 
and the Constitution of the State of New-York ; and that 
I will faithfully discharge the duties of the office of 
according to the best of my ability." 

And no other oath, declaration, or test shall be required 
as a qualification for any office or public trust. 

8 



86 CONSTITUTION OF NEW YORK. 

Article 13. 

Section 1. Any amendment or amendments to this 
Constitution may be proposed in the Senate and Assem- 
bly ; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such 
proposed amendment or amendments shall be entered on 
their journals with the yeas and nays taken thereon, and 
referred to the Leg-islature, to be chosen at the next ge- 
neral election of Senators, and shall be published for 
three months previous to the time of making such choice, 
and if in the Legislature so next chosen, as aforesaid, 
such proposed amendment or amendments, shall be 
agreed to, by a majority of all the members elected to 
each liouse, then it shall be the duty of the Legislature 
to submit such proposed amendment or amendments to 
the people, in such manner and at such time as the Le- 
gislature shall prescribe ; and if the people shall approi'e 
and ratify such amendment or amendments, by a majo- 
rity of the electors qualified to vote for members of the 
Legislature, voting thereon, such amendment or amend- 
ments shall become part of the Constitution. 

2. At the general election to be held in the year 
eighteen hundred and sixty-six, and in each twentieth 
year thereafter, and also at such time as the Legislature 
may by law provide, the question, " Shall there be a 
Convention to revise the Constitution, and amend the 
same ?" shall be decided by the electors qualified to vote 
for members of the Legislature; and in case a majority 
of the electors so qualified, voting at such election, shall 
decide in favor of a Convention for such purpose, the 
Legislature at its next session, shall provide by law for 
the election of delegates to such Convention, 

Article 14. 

Section 1. The first election of Senators and mem- 
bers of Assembly, pursuant to the provisions of this (Con- 
stitution, shall be held on the Tuesday succeeding the 
first Monday of Novemher, one thousand eight hundred 
and forty-seven. 



CONSTITUTION OF NEW YORK. 87 

Tlie Senators and members of Assembly who may be 
in office on the first day of January, one thousand eight 
hundred and forty-seven, shall hold their offices until and 
including the thirty-first day of December following, and 
no longer. 

2. The first election of Governor and Lieutenant- 
Governor under this Constitution, shall be held on the 
Tuesday succeeding the first Monday of November, one 
thousand eight hundred and forty-eight ; and the Go- 
vernor and Lieutenant-Governor in office when this Con- 
stitution shall take eflfect, shall hold their respective offices 
until and including the thirty-first day of December of 
that year. 

3. The Secretary of State, Comptroller, Treasurer, 
Attorney-General, District-Attorney, Surveyor-General, 
Canal Commissioners, and inspectors of State prisons, 
in office when this Constitution shall take efl'ect, shall 
hold their respective offices until and including the thirty- 
first day of December, one thousand eight hundred and 
forty-seven, and no longer. 

4. The first election of judges and clerk of the Court 
of Appeals, justices of the Supreme Court, and county 
judges, shall take place at such tiijie between the first 
Tuesday of April and the second Tuesday of June, one 
thousand eight hundred and forty-seven, as may be pre- 
scribed by law. The said courts shall respectively enter 
upon their duties, on the first Monday of July, next 
thereafter; but the term of office of said judges, clerk 
and justices as declared by this Constitution, shall be 
deemed to commence on the first day of January, one 
thousand eight hundred and forty-eight. 

5. On the first Monday of July, one thousand eight 
hundred and forty-seven, jurisdiction of all suits and 
proceedings then pending in the present Supreme Court 
and Court of Chancery, and all suits and proceedings 
originally commenced and then pending in any court of 
common pleas, (except in the city and county of New- 
York), shall become vested in the Supreme Court hereby 
established. Proceedings pending in courts of common 
pleas and in suits originally commenced injustices courts 
shall be transferred to the county courts provided for in 



88 CONSTITUTION OF NEW YORK. 

this Constitution, in such manner and form and under 
such regulation, as shall be provided by law. The 
courts of oyer and terminer hereby established shall, in 
their resj)ective counties, have jurisdiction, on and 
after the day last mentioned, of all indictments and pro- 
ceedings then pending in the present courts of oyer and 
terminer, and also of all indictments and proceedings 
then pending in the present courts of general sessions of 
the peace, except in the city of New-York, and except 
in cases of which the courts of sessions hereby established 
may lawfully take cognisance ; and of such indictments 
and proceedings the courts of sessions hereby established 
shall have jurisdiction on and after the day last men- 
tioned. 

6. The Chancellor and the present Supreme Court 
shall, respectively, have power to hear and determine 
any of such suits and proceedings ready on the first 
Monday of July, one thousand eight hundred and forty- 
seven, for hearing or decision, and shall, for their services 
therein, be entitled to their present rates of compensation 
until the first day of July, one thousand eight hundred 
and forty-eight, or until all such suits and proceedings 
shall be sooner heard and determined. Masters in 
Chancery may continue to exercise the functions of their 
office in the court of chancery, so long as the Chancellor 
shall continue to exercise the functions of his office 
under the provisions of this Constitution. 

And the Supreme Court hereby established shall also 
have power to hear and determime such of said suits and 
proceedings as may be prescribed by law. 

7. In case any vacancy shall occur in the office of 
chancellor or justice of the present Supreme Court, pre- 
viously to the first day of July, one thousand eight hun- 
dred and forty-eight, the Governor may nominate, and 
by and with the advice and consent of the Senate, appoint 
a proper person to fill such vacancy. Any judge of the 
Court of Appeals or justice of the Supreme Court, elected 
under this Constitution, may receive and hold such ap- 
pointment. 

8. The offices of Chancellor, justice of the existing 
Supreme Court, circuitjudge, vice-chancellor, assistant 



CCNSTITUTION OF NEW YORK. 89 

vice-C'iancellor, judge of the existing county courts of each 
coun:y, Supreme Court commissioner, master in chan- 
cery, examiner in chancery, and surrogate, (except as 
herein otherwise provided,) are abolished from and after 
the first Monday of July, one thousand eight hundred and 
oriy-seven, (1847.) 

9. The Chancellor, the justices of the present Supreme 
Court, and the circuit judges, are hereby declared to be 
severally eligible to any office at the first election under 
this Constitution. 

10. Sheriffs, clerks of counties, (including the register 
and clerk of the city and county of New-York) and 
justices or the peace, and coroners, in office, when this 
Constitution shall take effect, shall hold their respective 
offices until the expiration of the term for which they 
were respectively elected. 

11. Judicial officers in office when this Constitution 
shall take effect may continue to receive such fees and 
perquisites of office as are now authorized by law, un.iU 
the first d:iy of July, one thousand eight hundred and 
forty-seven, notwithstanding the provisions of the tv/en- 
tieth section of the sixth article of this Constitution. 

12. All local courts established in any city or village, 
including the superior court, common pleas, sessions 
and surrogate's courts of the city and county of New 
York, shall remain, until otherwise directed by the 
Legislature, with their present powers and jurisdictions ; 
and the judges of such courts and any clerks thereof in 
office on the first day of January one thousand eight 
hundred and forty-seven, shall continue in office until 
the expiration of their terms of office, or until the Le- 
gislature shall otherwise direct. 

1.3. This Constitution shall be in force from and in- 
cluding the first day of January, one thousand eight 
hundred and forty-seven, except as is herein otherwise 
provided. 

DojJE, In Convention, at the Capitol, in the city of Al- 
bany, the ninth day of October, in the year one thou- 
sand eight hundred and forty-six, and of the Indepen- 
dence of the United States of America the seventy-first. 
8* 



90 CONSTITUTION OF NEW JERSEY. 

In witness whereof we have hereunto subscribed our 
names. 

JOHN TRACY, President, 
And Delegate from the County of Chenango 



James F. Starbuck, 

H. W. Strong, 5" Secretaries, 

Fr. Seger, 



1 



State of New-York, 
Secretary's Office. 

I have compared the preceding with the original en- 
grossed Constitution deposited in this office on the ninth 
day of October, 1846, and Do Certify, that the same is 
a correct transcript therefrom, and of the whole of said 
original. 



^.****** Given under my hand and seal of office at 

|l. S.| the City of Albany, the tenth day of October, 
******* in the year of our Lord one thousand eight 
hundred and forty-six. 

N. S. BENTON, 

Secretary of State. 



CONSTITUTION OF NEW JERSEY. 



We, the people of the State of New Jersey, grateful to 
Almighty God for the civil and religious liberty wliich 
He hath so long permitted us to enjoy, and looking to 
Him for a blessing upon our endeavors to secure and 



CONSTITUTION OF NEW JERSEY. 91 

transmit the same unimpaired to succeeding generations, 
do ordain and establish this Constitution. 

Article 1. 

Rights and Privileges. 

1. Ail men are by nature free and independent, and 
have certain natural and unalienable rights, among which 
are those of enjoying and defending life and liberty, ac- 
quiring, possessing, and protecting property, and of 
pursuing and obtaining safety and happiness. 

2. All political power is inherent in the people. 
Government is instituted for the protection, security 

and benefit of the people, and they have the right, at all 
times to alter or reform the same, whenever the public 
good may require it. 

3. No person shall be deprived of the inestimable 
privilege of worshipping Almighty God in a manner 
agreeable to the dictates of his own conscience, nor under 
any pretence, whatever, be compelled to attend any 
place of worship contrary to his faith and judgment; 
nor shall any person be obliged to pay tithes, taxes, 
or other rates for building or repairing any church or 
churches, place or places of worship, or for the main- 
tainance of any minister or ministry, contrary to what 
he believes to be right, or has deliberately and voluntari- 
ly engaged to perform. 

4. There shall be no establishment of one religious 
sect in preference to another. No religious test shall be 
required as a qualification for any office or public trust ; 
and no person shall be denied the enjoyment of any civil 
right merely on account of his religious principles. 

5. Every person may freely speak, write, and pub- 
lish his sentiments on all subjects, being responsible for 
the abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech or of the 
press. 

In all prosecutions or indictments for libel, the truth 
may be given in evidence to the jury ; and if it shall ap- 
pear to the jury that the matter charged as libellous is 
true, and was published with good motives, and for jus- 



93 CONSTITUTION OF NEW JERSEY. 

tifiable ends, the party shall be acquitted ; and the jury 
shall have the right to determine the law and the fact. 

6. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated ; and no 
warrant shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the papers and things to be 
seized. 

7. The right of trial by jury, shall remain inviolate ; 
but the Legislature may authorize the trial of civil suits, 
when the matter in dispute does not exceed fifty dollars, 
by a jury of six men. 

8. In all criminal prosecutions, the accused shall have 
the right to a speedy and public trial, by an impartial 
jury ; to be informed of the nature and cause of the ac- 
cusation ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining witnesses 
in his favor, and to have the assistance of counsel in his 
defence. 

9. No person shall be held to answer for a criminal 
offence, unless on the presentment or indictment of a 
grand jury, except in cases of impeachment, or in cases 
cognizable by justices of the peace, or arising in the 
army or navy, or in the militia, when in actual service in 
time of war or public danger. 

10. No person shall, after acquittal, be tried for the 
same offence. AH persons shall, before conviction, be 
bailable by sufficient sureties, except for capital offences, 
when the proof is evident or presumption great. 

11. The privilege of the writ of habeas corpus shall 
not be suspended, unless in case of rebellion or invasion 
the public safety may require it. 

12. The military shall be in strict subordination to the 
civil power. 

13. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in 
time of war, except in a manner prescribed by law. 

14. Treason against the State, shall consist only in 
levying war against it, or in adhering to its enemies, 
giving them aid and comfort. No person shall be con- 



CONSTITUTION OF NEW JERSEY. 93 

victed of treason, unless onthetestimony of two witness- 
es to the same overt act, or on confession in open court. 

15. Excessive bail shall not be required, excessive 
fines shall not be imposed, and cruel and unusual pun- 
ishments shall not be inflicted. 

16. Private property shall not be taken for public use 
without just compensation ; but land may be taken for 
public highways as heretofore, until the Legislature shall 
direct compensation to be made. 

17. No person shall be imprisoned for debt in any 
action, or on any judgment founded upon contract, unless 
in cases of fraud ; nor shall any person be imprisoned for 
a militia fine, in time of peace. 

18. The people have the right freely to assemble 
together, to consult for the common good, to make 
known their opinions to their representatives, and to peti- 
tion for redress of grievances. 

19. This enumeration of rights and privileges shall 
not be construed to impair or deny others retained by 
the people. 

Article 2. 
Right of Suffrage. 

1. Every white male citizen of the United States, of 
the age of twenty-one years, who shall have been a resi- 
dent of this State one year, and of the county in which 
he claims his vote five months next before the election, 
shall be entitled to vote for all ofiicers that now are, or 
hereafter may be elective by the people ; provided, that 
no per.son in the military, naval, or marine service of the 
United States shall be considered a resident in this State, 
by being stationed in any garrison, barrack, or military 
or naval place or station within this State ; and no pauper, 
idiot, insane person, or person convicted of a crime 
which now excludes him from being a witness, unless 
pardoned or restored by law to the right of suff'rage, shall 
enjoy the right of an elector. 

2. The Legislature may pass laws to deprive persons 
of the right of suffrage, who shall be convicted of bribery 
at elections. 



94 constitution of new jersey. 

Article 3. 
Distribution of the Powers of Government, 

1. The powers of the government shall be divided 
into three distinct departments, — the Legislative, Execu- 
tive, and Judicial ; and no person or persons belonging 
to, or constituting one of these departments, shall exer- 
cise any of the powers properly belonging to either of 
the others, except as herein expressly provided. 

Article 4. 
Legislative. 

Sec. I. — 1. The legislative power shall be vested in 
a Senate and General Assembly. 

2. No person shall be a member of the Senate, who 
shall not have attained the age of thirty years, and have 
been a citizen and inhabitant of the State for four years, 
and of the county for which he shall be chosen one year, 
next before his election ; and no person shall be a mem- 
ber of the General Assembly, who shall not have attained 
the age of twenty-one years, and have been a citizen and 
inhabitant of the State for two years, and of the county 
for which he shall be chosen one year, next before his 
election ; provided, that no person shall be eligible as a 
member of either house of the Legislature, who shall 
not be entitled to the right of suffrage. 

3. Members of the Senate and General Assembly 
shall be elected yearly, and every year, on the second 
Tuesday of October ; and the two houses shall meet 
seperately on the second Tuesday in January next, 
after the said day of election, at which time of meeting, 
the legislative year shall commence ; but the time of 
holding such election may be altered by the Legislature. 

Sec. n. — 1. The Senate shall be composed of one 
senator from each county in the state, elected by the 
legal voters of the counties, respectively, for three years. 

2. As soon as the Senate shall meet, after the first 
election to be hehi in pursuance of this Constitution, they 
ihall be divided, as equally as may be, into three classes 
The seats of the senators of the first class shall be vaca 
ted at the expiration of the first year ; of the secont* 



CONSTITUTION OF NEW JERSEY. 95 

class, at the expiration of the second year ; and of the 
third class, at the expiration of the third year ; so that 
one class may be elected every year ; and if vacancies 
happen, by resignation or otherwise, the persons elect- 
ed to supply such vacancies, shall be elected for the 
unexpired terms only. 

Sec. Ill — 1. The General Assembly shall be composed 
of members annually elected by the legal voters of the 
counties, respectively, w^ho shall be apportioned among 
the said counties, as nearly as may be, according to the 
number of their inhabitants. The present apportionment 
shall continue until the next census of the United States 
shall have been taken, and an apportionment of members 
of the General Assembly shall be made by the Legisla- 
ture, at its first session after the next and every subse 
quent enumeration or census, and when made, shah 
remain unaltered until another enumeration shall have 
been taken ; provided, that each county shall at all 
times be entitled to one member; and the whole num- 
ber of members shall never exceed sixty. 

Sec. IV. — 1. Each house shall direct writs of election 
for supplying vacancies, occasioned by death, resignation, 
or otherwise ; but if vacancies occur during the recess 
of the Legislature, the writs may be issued by the Govern- 
or, under such regulations as may be prescribed by law. 

2. Each house shall be the judge of the elections, re- 
turns, and qualifications of its own members, and a 
majority of each snail constitute a quorum to do busi- 
ness ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penal- 
ties as each house may provide. 

3. Each house shall choose its own officers, deter- 
mine the rules of its proceeding, punish its members for 
disorderly behaviour, and, with the concurrence of two- 
thirds, may expel a member. 

4. Each house shall keep a journal of its proceedings, 
and from time to time publish the same ; and the yeas 
and nays of the members of either house, on any ques- 
tion, shall, at the desire of one-fifth of those present, be 
entered on the journal. 



98 CONSTITUTION OF NEW JERSEY. 

5. Neither house, during the session of the Legisla- 
ture, shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

6. All bills and joint resolutions shall be read three 
times in each house, before the final passage thereof; 
and no bill or joint resolution shall pass, unless there be 
a majority of all the members of each body personally 
present, and agreeing thereto ; and the yeas and nays of 
members voting on such final passage shall be entered 
on the journal. 

7. Members of the Senate and General Assembly 
shall receive a compensation for their services, to be as- 
certained by law, and paid out of the Treasury of the 
State ; which compensation shall not exceed the sum of 
three dollars per day, for the period of forty days from 
the commencement of the session ; and shall not exceed 
the sum of one dollar and fifty cents per day for the re- 
mainder of the session. When convened in extra ses- 
sion by the Governor, they shall receive such sum 
as shall be fixed for the first forty days of the ordinary 
session. They shall also receive the sum of one dollar 
for every ten miles they shall travel, in going to and re- 
turning from their place of meeting, on the most usual 
route. The president of the Senate and the speaker of 
the House of Assembly, shall, in virtue of their offices, 
receive an additional compensation, equal to one third 
of their per diem allowance as members. 

8. Members of the Senate and of the General Assem- 
bly, shall, in all cases except treason, felony, and breach 
of peace, be privileged from arrest during their attend- 
ance at the sitting of their respective houses, and in going 
to and returning from the same : and for any speech or 
debate, in either house, they shall not be questioned in 
any other place. 

Sec. V. — 1. No member of the Senate or General 
Assembly shall, during the time for which he was elect- 
ed, be nominated or appointed by the Governor, or by 
the Legislature in joint meeting, to any civil office under 
the authority of this State which shall have been created, 
or the emoluments whereof shall have been increased, 
during such time. 



CONSTITUTION OF NEW JERSEY. 97 

2. If any member of the Senate or General Assembly 
shall be elected to represent this Slate in the Senate or 
House of Representatives of the United States, and shall 
accept thereof, or shall accept of any office or appoint- 
ment under the government of the United States, his seat 
in the Legislature of this Stale shall thereby be vacated. 

3. No justice of the Supreme Court, nor judge of any 
other court, sheriff, justice of the peace, nor any person 
or persons possessed of any office of profit under the 
government of this Slate, shall be entitled to a seat either 
in the Senate or in the General Assembly ; but, on being 
elected and taking his seat, his office shall be considered 
vacant ; and no person holding any office of profit under 
the government of the United States shall be entitled to 
a seat in either house. 

Sec. VI. — 1. All bills for raising revenue shall origi- 
nate in the House of Assembly ; but the Senate may pro- 
pose or concur with amendments, as on other bills. 

2. No money shall be drawn from the treasury, but 
for appropriations made by law. 

3. The credit of the State shall not be directly or in- 
directly loaned in any case. 

4. The Legislature shall not, in any manner, create 
any debt or debts, liability or liabilities, of the State, 
which shall singly, or in the aggregate with any previous 
debts or liabilities, at any time exceed one hundred thou- 
sand dollars, except for purposes of war, or to repel 
invasion, or to suppress insurrection, unless the same 
shall be authorized by a law for some single object or 
work, to be distinctly specified therein : which law shall 
provide the ways and means, exclusive of loans, to pay 
the interest of such debt or liability as it falls due, and 
also, to pay and discharge the principal of such debt or 
liability within thirty-five years from the time of the con- 
tracting thereof, and shall be irrepealable until such 
debt or liability, and the interest thereon, are fully paid 
and discharged ; and no such law shall take effect until 
it shall, at a general election, have been submitted to the 
people, and have received the sanction of a majority of all 
the votes cast for and against it at such election ; and all 
money to be raised by the authority of such law shall be 

9 



93 CONSTITUTION OF NEW JERSEY. 

applied only to the specific object stated therein, and to 
the payment of the debt thereby created. This section 
shall not be construed to refer to any money tliat has 
been, or may be deposited with this State, by the govern- 
ment of the United States. 

Sec. VII. — I. No divorce shall be granted by the 
Legislature. 

2. No lottery shall be authorized by this State ; and 
no tickets in any lottery not authorized by a law of this 
State, shall be bought or sold within the State. 

3. The Legislature shall not pass any bill of attainder, 
ex post facto law, or law impairing the obligation of con- 
tracts, or depriving a party of any remedy for enforcing 
a contract, which existed when the contract was made. 

4. To avoid improper influences which mayresultfrom 
intermixing in one and the same act, such things as have 
no proper relation to each other, every law shall embrace 
but one object, and that sliall be expressed in the title. 

5. The laws of this state shall begin in the following 
style : ♦' Be it enacted by the Senate and General As- 
sembly of the State of New Jersey." 

6. The fund for the support of free schools, and all 
money, stock, and other property, which may hereafter 
be appropriated for that purpose, or received into the 
treasury under the provision of any law heretofore passed 
to augment the said fund, shall be securely invested, and 
remain a perpetual fund ; and the income thereof, except 
so much as it may be judged expedient to apply to an 
increase of the capital, shall be annually appropriated to 
the support of public schools, for the equal benefit of all 
the people of the State ; and it shall not be competent 
for the Legislature to borrow, appropriate, or use the 
said fund, or any part thereof, for any other purpose, un- 
der any pretence whatever. 

7. No private or special law shall be passed, authori- 
zing the sale of any lands belonging in whole or in part 
to a minor or minors, or other persons who may at the 
time be under any legal disability to act for themselves. 

8 The assent of three-fifths of the members elected 
to each house shall be requisite to the passage of every 
iaw for granting, continuing, altering, amending, or re- 



CONSTITUTION OF NEW JERSEY. 99 

nevving charters for banks, or money corporations ; and 
all such charters shall be limited to a term not exceeding 
twenty years. 

9. Individuals, or private corporations shall not bo 
authorized to take private property for public use, with 
out just compensation first made to the owners. 

10. The Legislature may vest in the Circuit Courts, 
or Courts of Common Pleas, within the several counties 
of this State, Chancery powers, so far as relates to the 
foreclosure of mortgages, and sale of mortgaged premises. 

Sec. VIII. — 1. Members of the Legislature shall, be- 
fore they enter on the duties of their respective offices, 
take and subscribe the following oath or affirmation : 

*' I do solemnly swear, (or affirm, as the case may be,) 
that I will support the constitution of the United States, 
and the constitution of the State of New Jersey, and that 
I will faithfully discharge the duties of senator (or mem- 
ber of the General Assembly, as the case may be,) ac- 
cording to the best of my ability." 

And members elect of the Senate or General Assembly, 
are hereby empowered to administer to each other the 
said oath or affirmation. 

Article 5, 
Executive. 

1. The executive power shall be vested in a Governor. 

2. The Governor shall be elected by the legal voters 
of the State. The person having the highest number of 
votes shall be the Governor ; but if two or more shall be 
equal, and highest in votes, one of them shall be chosen 
Governor by the votes of the majority of the members of 
both houses in joint meeting. Contested elections for 
the office of Governor shall be determined in such man- 
ner as the Legislature shall direct by law. When a 
Governor is to be elected by the people, such election 
shall be held at the time when, and at the places where the 
people shall respectively vote for members of the 
Legislature. 

3. The Governor shall hold his office for three years, 
to commence on the third Tuesday of January next en- 
suing the election for Governor by the people, and to end 



100 CONSTITUTION OF NEW JERSEY. 

on the Monday preceding the third Tuesday of January, 
three years thereafter ; and he shall be incapable of hold- 
ing that office for three years next after his term of ser- 
vice shall have expired ; and no appointment or nomina- 
tion to office shall be made by the Governor during the 
last week of his said term. 

4. The Governor shall be not less than thirty years ol 
age, and shall have been for twenty years, at least, a 
citizen of the United States, and a resident of this State 
seven years next before his election, unless he shall 
have been absent during that time, on the public business 
of the United States, or of this State. 

5. The Governor shall, at stated times, receive for his 
services a compensation which shall be neither increased 
nor diminished during the period for which he shall have 
been elected. 

6. He shall be the commander-in-chief of all the military 
and naval forces of the State ; he shall have power to 
convene the Legislature, whenever, in his opinion, pub- 
lic necessity requires it ; he shall communicate, by mes- 
sage, to the Legislature at the opening of each session, 
and at such other times as he may deem necessary, the 
condition of the State, and recommend such measures as 
he may deem expedient; he shall take care that the laws 
be faithfully executed, and grant, under the great seal of 
the State, commissions to all such officers as shall be re- 
quired to be commissioned. 

7. Every bill which shall have passed both houses, 
shall be presented to the Governor : if he approve, he 
shall sign it, but if not, he shall return it, with his ob- 
jections, to the house in which it shall have originated, 
who shall enter the objections at large on their journal, 
and proceed to re-consider it ; if, after such re-considera- 
tion, a majority of the whole number of that house shall 
agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by whom it shall likewise 
be re-considered, and if approved of by a majority of the 
whole number of that house, it shall become a law ; but 
in neither house shall the vote be taken on the same day 
on which the bill shall be returned to it : and in all such 
cases the votesof both houses shall be determined by yeas 



CONSTITUTION OF NEW JERSEY. 101 

and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each 
house respectively. If any bill shall not be returned by 
the Governor, within five days (Sundays excepted) after 
it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the 
Legislature, by their adjournment, prevent its return, in 
which case it shall not be a law. 

8. No member of Congress, or person holding an of- 
fice under the United States, or this State, shall exercise 
the office of Governor; and in case theGovernor, or per- 
son administering the government, shall accept any of- 
fice under the United States, or this State, his office of 
Governor shall thereupon be vacant. 

9. The Governor, or person administering the govern- 
ment, shall have power to suspend the collection of fines 
and forfeitures, and to grant reprieves, to extend until the 
expiration of a time not exceeding ninety days after con- 
viction ; but this power shall not extend to cases of im- 
peachment. 

10. The Governor, or person administering the 
government, the Chancellor, and the six judges of the 
Court of Errors and Appeals, or a major part of them, 
of whom the Governor, or person administering the gov- 
ernment shall be one, may remit fines and forfeitures, 
and grant pardons after conviction, in all cases except 
impeachment. 

11. The Governor, and all other civil officers under 
this State shall be liable to impeachment for misdemean- 
or in office, during their continuance in office, and for 
two years thereafter. 

12. In case of the death, resignation, or removal from 
office of the Governor, the powers, duties, and emolu 
ments of the office shall devolve upon the President of 
the Senate ; and in case of his death, resignation, or re- 
moval, then upon the Speaker of the House of Assem- 
bly, for the time being, until another Governor shall be 
elected and qualified ; but in suchcase, another Governor 
shall be chosen at the next election for members of the 
State Legislature, unless death, resignation, or removal 
shall occur within thirty days immediately preceding such 

9* 



102 CONSTITUTION OF NEW JERSEY. 

next election, in which case a Governor shall be chosen 
at the second succeeding election for members of the 
Legislature. When a vacancy happens, during the re- 
cess of the Legislature, in any office which is to be fillea 
by the Governor and Senate, or by the Legislature in 
joint meeting, the Governor shall fill such vacancy, and 
the commission shall expire at the end of the next ses- 
sion of the Legislature, unless a successor shall be sooner 
appointed : when a vacancy happens in the office of clerk 
or surrogate of any county, the Governor shall fill such 
vacancy, and the commission shall expire when a suc- 
cessor is elected and qualified. 

13. In case of the impeachment of the Governor, his 
absence from the State, or inability to discharge the du- 
ties of his office, the powers, duties, and emoluments of 
the office shall devolve upon the President of the Senate ; 
and in case of his death, resignation, or removal, then 
upon the Speaker of the House of Assembly for the time 
being, until the Governor, absent or impeached, shall re- 
turn or be acquitted, or until the disqualification or inabili- 
ty shall cease, or until a new Governor be elected and 
qualified. 

14. In case of a vacancy in the office of Governor, 
from any other cause than those herein enumerated, or 
in case of the death of the Governor elect, before he is 
qualified into office, the powers, duties, and emoluments 
of the office shall devolve upon the President of the 
Senate, or Speaker of the House of Assembly, as above 
provided for, until a new Governor be elected and qualified. 

Article VI. 
Judiciary. 

Sec. I. — 1. The judicial power shall be vested in a 
Court of Errors and Appeals, in the last resort in all 
causes, as heretofore ; a Court for the trial of Impeach- 
ments ; a Court of Chancery; a Prerogative Court ; a Su- 
preme Court ; Circuit Courts, and such inferior Courts as 
now exist, and as may be hereafter ordained and estab- 
lished by law ; which inferior Courts the Legislature may 
alter or abolish, as the public good shall require. 

Sec. II. — 1. The Court of Errors and Appeals shall 



CONSTITUTION OF NEW JERSEY. 103 

consist of the Chancellor, the justice of the Supreme 
Court, and six judges, or a major part of them ; which 
judges are to be appointed for six years. 

2. Immediately after the Court shall first assemble, the 
six judges shall arrange themselves in such manner that 
the seat of one of them shall be vacated every year, 
in order that thereafter one judge may be annually ap- 
pointed. 

3. Such of the six judges as shall attend the Court 
shall receive, respectively, a per diem compensation, to 
be provided by law. 

4. The Secretary of State shall be the clerk of this Court. 

5. When an appeal from an order or decree shall be 
heard, the Chancellor shall inform the Court, in writing, 
of the reasons for his order or decree ; but he shall not 
sit as a member, or have a voice in the hearing or final 
sentence. 

6. When a writ of error shall be brought, no justice 
who has given a judicial opinion in the cause, in favor 
of or against any error complained of, shall sit as a mem- 
ber, or have a voice on the hearing, or for its affirmance 
or reversal ; but the reasons for such opinion shall be 
assigned to the court in writing. 

Sec. III. — 1. The House of Assembly shall have the 
sole power of impeaching, by a vote of a majority of all 
the members ; and all impeachments shall be tried by the 
Senate : the members, when sitting for that purpose, to 
be on oath or affirmation *< truly and impartially to trj? 
and determine the charge in question according to evi- 
dence :" and no person shall be convicted without the 
concurrence of two-thirds of all the members of the Se- 
nate. 

2. Any judicial officer impeached shall be suspended 
from exercising his office until his acquittal. 

3. Judgment, in cases of impeachment shall not ex- 
tend farther than to removal from office and to disquali- 
fication to hold and enjoy any office of honor, profit, or 
trust under this State; but the party convicted shall never- 
theless be liable to indictment, trial, and punishment, 
according to law. 

4. TheSecretary of State shall be the clerk of this Court 



104 CONSTITUTION OF NEW JERSEY. 

Sec. IV. — 1. The Court of Chancery shall consist 
of a Chancellor. 

2. The Chancellor shall be the ordinary, or surrogate 
general, and judge of the Prerogative Court. 

3. All persons aggrieved by any order, sentence, or 
decree of the Orphans' Court may appeal from the same, 
or from any part thereof, to the Prerogative Court ; but 
such order, sentence, or decree shall not be removed into 
the Supreme Court, or Circuit Court, if the subject matter 
thereof be within the jurisdiction of the Orphans' Court. 

4. The Secretary of State shall be the register of the 
Prerogative Court, and shall perform the duties required 
of him by law in that respect. 

Sec. V. — 1. The Supreme Court shall consist of a 
chief justice and four associate justices. The number of 
associate justices may be increased or decreased by law, 
but shall never be less than two. 

2. The Circuit Courts shall be held in every county 
of this State, by one or more of the justices of the Su- 
preme Court, or a judge appointed for that purpose ; and 
shall in all cases within the county, except in those of 
a criminal nature, have common law jurisdiction concur- 
rent with the Supreme Court; and any final judgment 
of a Circuit Court may be docketed in the Supreme 
Court, and shall operate as a judgment obtained in the 
Supreme Court, from the time of such docketing. 

3. Final judgments in any Circuit Court may be 
brought, by writ of error, into the Supreme Court, or 
directly into the Court of Errors and Appeals. 

Sec. VI. — 1. There shall be no more than five judges 
of the inferior Court of Common Pleas in each of the 
counties in this State after the terms of the judges of said 
court now in office shall terminate. One judge for each 
county shall be appointed every year, and no more, ex- 
cept to fill vacancies, which shall be for the unexpired 
term only. 

2. The commissions for the first appointments of 
judges of said Court shall bear date and take effect on the 
first day of April next ; and all subsequent commissions 
forjudges of said Court shall bear date and take effect on 
the first day of April in every successive year, except 



CONSTITUTION OF NEW JERSEY. 105 

commissfons to fill vacancies, which shall bear date and 
take effect when issued. 

Sec.VTI. — 1. There maybe elected underthis Consti- 
tution two, and not more than five, justices of the peace in 
each of Hie townships of the several counties of this state, 
and in each of the wards, in cities that may vote in 
wards. When a township or ward contains two thou- 
sand inhabitants, or less, it may have two justices ; when 
it contains more than two thousand inhabitants, and not 
more than four thousand, it may have four justices ; 
and when it contains more than four thousand inhabi- 
tants, it may have five justices ; provided, that whenever 
any township, not voting in wards, contains more than 
seven thousand inhabitants, such township may have an 
additional justice for each additional three thousand in- 
habitants above four thousand. 

2. The population of the townships in the several 
counties of the State and of the several wards shall be 
ascertained by the last preceding census of the United 
States, until the Legislature shall provide by law some 
other mode of ascertaining it. 

Article VII, 
Appointing Power and Tenure of Office. 
Sec. I. — Militia Officers. — 1. The Legislature shall 
provide by law for enrolling, organizing, and arming the 
militia. 

2. Captains, sub-^lterns, and non-commissioned officers 
shall be elected by the members of their respective com- 
panies. 

3. Field officers of regiments, independent battallions, 
and squadrons shall be elected by the commissioned offi- 
cers of their respective regiments, battallions, or squadrons. 

4. Brigadier generals shall be elected by the field ofli- 
cers of their respective brigades. 

5. Major generals shall be nominated by the Govern- 
or, and appointed by him, with the advice and consent 
of the Senate. 

6. The Legislature shall provide by law, the time and 
manner of electing militia officers, and of certifying their 
elections to the Governor, who shall grant their commis- 

8* 



106 CONSTITUTION OF NEW JERSEY. 

sions and determine their rank, when not determined by 
law : and no commissioned officer shall be removed from 
office but by the sentence a court martial, pursuant to 
law. 

7. In case the electors of subalterns, captains, or field 
officers, should refuse or neglect to make such elections, 
the Governor shall have power to appoint such officers, 
and to fill all vacancies caused by such refusal or neglect. 

8. Brigade inspectors shall be chosen by the field offi- 
cers of their respective brigades. 

9. The Governor shall appoint the adjutant general, 
quarter master general, and all other militia officers 
whose appointment is not otherwise provided for in this 
Constitution. 

10. Major generals, brigadier generals, and command- 
ing officers of regiments, independent battallions, and 
squadrons shall appoint the staff officers of their divisions, 
brigades, regiments, independent battallions, and squad- 
rons, respectively. 

Sec. II. — Civil Officers. — 1. Justices of the Su- 
preme Court, Chancellor, and judges of the Court of 
Errors and Appeals, shall be nominated by the Governor, 
and appointed by him, with the advice and consent of 
the Senate. — The justices of the Supreme Court and 
Chancellor shall hold their offices for the term of seven 
years ; shall, at stated times, receive for their services a 
compensation, which shall not be diminished during the 
term of their appointments ; and they shall hold no other 
office under the government of this State, or of the 
United .States. 

2. Judges of the Courts of Common Pleas shall be ap 
pointed by the Senate and General Assembly, in joint 
meeting. They shall hold their offices for five years ; 
but when appointed to fill vacancies, they shall hold for 
the unexpired term only. 

3. The State Treasurer and the keeper and inspectors 
of the State prison shall be appointed by the Senate and 
General Assembly, in joint meeting. They shall hold 
their offices for one year, and until their successors shall 
be qualified into office. 

4. The Attorney General, prosecutors of the Pleas, 



CONSTITUTION OF NEW JERSEY. 107 

clerk of the Supreme Court, clerk of the Court of Chan- 
cery, and Secretary of State, shall he nominated by the 
Governor, and appointed by him, with the advice and con- 
sent of the Senate. They shall hold their offices for 
five years. 

5. The law reporter shall be appointed by the justices 
of the Supreme Court, or a majority of them ; and the 
chancery reporter shall be appointed by the Chancellor. 
They shall hold their offices for five years. 

6. Clerks and surrogates of counties shall be elected by 
the people of their respective counties, at the annual 
elections for members of the General Assembly, they 
shall hold their offices for five years. 

7. Sheriffs and coroners shall be elected annually, by 
the people of their respective counties, at the annual 
elections for members of the General Assembly. — They 
may be re-elected until they shall have served three 
years, but no longer; after which, three years must 
elapse before they can be again capable of serving. 

8. Justices of the peace shall be elected, by ballot, at 
the annual meetings of the townships in the several 
counties of the State, and of the wards in cities that may 
vote in wards, in such manner, and under such regula- 
tions as may be hereafter provided by law. They shall 
be commissioned for the county, and their commissions 
shall bear date, and take effect on the first day of May 
next after their election. They shall hold their offices 
for five years ;— but when elected to fill vacancies, they 
shall hold for the unexpired term only ; provided, that 
the commission of any justice of the peace shall become 
vacant upon his ceasing to reside in the township in 
which he was elected. The first election for justices of 
the peace shall take place at the next annual town meet- 
ings of the townships of the several counties of the State, 
and of the wards in cities that may vote in wards. 

9. All other officers, whose appointments are not 
otherwise provided for by law, shall be nominated by 
the Governor, and appointed by him, with the advice 
and consent of the Senate ; and shall hold their offices 
for the time prescribed by law. 

10. All civil officers elected or appointed pursuant to 



108 CONSTITUTION OF NEW JERSEY. 

the provisions of this Con^itution shall be commissioned 
by the Governor. 

11. The term of office of* all officers elected or ap- 
pointed pursuant to the provisions of this Constitution, 
except when herein otherwise directed, shall commeilce 
on the day of the date of their respective commissions ; 
but no commission for any office shall bear date prior to 
the expiration of the term of the incumbent of said office 

Article VIII. 
General Provision, 

1. The Secretary of State shall be ex-officio an audi- 
tor of the accounts of the Treasurer, and, as such, it shall 
be his duty to assist the Legislature in the annual ex- 
amination and settlement of said accounts, until otherwise 
provided by law. 

2. The seal of the State shall be kept by the Governor, 
or person administering the government, and used by him 
officially, and shall be called the Great Seal of the State 
of New Jersey. 

3. All grants and commissions shall be in the name 
and by the authority of the State of New Jersey, sealed 
with the great seal, signed by the Governor or person 
administering the government, and countersigned by the 
Secretary of State, and shall run thus : " The State of 

New Jersey to , greeting." All writs shall be 

in the name of the State ; and all indictments shall con- 
clude in the following manner, viz.: " against the peace 
of this State, the government and dignity of the same." 

4. This Constitution shall take effect and go into 
operation on the second day of September, in the year 
of our Lord one thousand eight hundred and forty-four. 

Article IX. 
Amendments. 
1. Any specific amendment or amendments to the 
Constitution may be proposed in the Senate or General 
Assembly, and if the same shall be agreed to by a ma- 
jority of the members elected to each of the two houses, 
such proposed amendment or amendments shall be enter- 
ed on their journals, with the yeas and nays taken there- 



CONSTITUTION OF NEW JERSEY. 109 

on, and referred to the Legislature then next to be 
chosen, and shall be published, for three months previous 
to faking such choice, in at least one newspaper of each 
county, if any be published therein ; and if in the Legis- 
lature next chosen, as aforesaid, such proposed amend- 
ment or amendments, or any of them, shall be agreed to 
by a majority of all the members elected to each house, 
then it shall be the duty of the Legislature to submit such 
proposed amendment or amendments, or such of them 
as may have been agreed to as aforesaid, by the two 
Legislatures to the people, in such manner and at such 
time, at least four months after the adjournment of the 
Legislature as the Legislature shall prescribe : and if the 
people, at a special election to be held for that purpose 
only, shall approve and ratify such amendment or amend- 
ments, or any of them, by a majority of the electors 
qualified to vote for members of the Legislature voting 
thereon, such amendment or amendments, so approved 
and ratified, shall become part of the Constitution ; pro- 
vided, that if more than one amendment be submitted, 
they shall be submitted in such manner and form that the 
people may vote for or against each amendment sepa- 
rately and distinctly ; but no amendment or amendments 
shall be submitted to the people by the Legislature often- 
er than once in five years. 

Article X. 

Schedule. 

That no inconvenience may arise from the change in 
the Constitution of this State, and in order to carry the 
same into complete operation, it is hereby declared and 
ordained, that — 

1. The common law and statute laws now in force, 
not repugnant to this Constitution, shall remain in force 
until they expire by their own limitation, or be altered 
or repealed by the Legislature ; and all writs, actions, 
causes of action, prosecutions, contracts,' claims, and 
rights of individuals, and of bodies corporate, and of the 
State, and all charters of incorporation shall continue, 
and all indictments which shall have been found, or 
•ivhich may hereafter be found, for any crime or 'offence 
10 



110 CONSTITUTION OF NEW JERSEY. 

committed before the adoption of this Constitution, may 
be proceeded upon as if no change had taken place. 
The several courts of law and equity, except as hetein 
otherwise provided, shall continue with the like powers 
and jurisdiction as if this Constitution had not been 
adopted. 

2. All officers now filling any office or appointment, 
shall continue in the exercise of the duties thereof, ac- 
cording to their respective commissions or appointments, 
unless, by this Constitution it is otherwise directed. 

3. The present Governor, Chancellor, and Ordinary 
or Surrogate General, and Treasurer, shall continue in 
office until successors elected or appointed under this 
Constitution shall be sworn into office. 

4. In case of the death, resignation, or disability of 
the present Governor, the person who may be Vice Pre- 
sident of Council at the time of the adoption of this con- 
stitution shall continue in office, and administer the 
government, until a Governor shall have been elected 
and sworn or affirmed into office under this Constitu- 
tion. 

5. The present Governor, or in case of his death, or 
inability to act, the Vice President of Council, together 
with the present members of the Legislative Council and 
Secretary of State shall constitute a board of Slate can- 
vassers, in the manner now provided by law, for the 
purpose of ascertaining and declaring the result of 
the next ensuing election for Governor, members of the 
House of Representatives, and electors of President and 
Vice President. 

6. The returns of the votes for Governor, at the said 
next ensuing election shall be transmitted to the Secre- 
tary of State, the votes counted, and the election de- 
clared, in the manner now provided by law in the 
case of the election of electors of President and Vice 
President. 

7. The election of clerks and surrogates in those 
counties where the term of office of the present incum- 
bents shall expire previous to the general election of 
eighteen hundred and forty-five, shall be held at the 
general election next ensuing the adoption of this Con- 



CONSTITUTION OF NEW JERSEY. Ill 

stitution ; the result of whijch election shall be ascertain- 
ed in the manner now provided by law for the election 
of sheriffs. 

8. The elections for the year eighteen hundred and 
forty-four shall take place as now provided by law. 

9. It shall be the duty of the Governor to fill all va- 
cancies in office happening between the adoption of this 
Constitution and the first session of the Senate, and not 
otherwise provided for; and the commissions shall 
expire at the end of the first session of the Senate, or 
when successors shall be elected, or appointed and 
qualified. 

10. The restriction of the pay of members of the 
Legislature, after forty days from the commencement of 
the session, shall not be applied to the first Legislature 
convened under this Constitution. 

11. Clerks of counties shall be clerks of the inferior 
Courts of Common Pleas and Quarter-Sessions of the 
several counties, and perform the duties, and be subject 
to the regulations, now required of them by law, until 
otherwise ordained by the Legislature. 

12. The Legislature shall pass all laws necessary to 
carry into effect the provisions of this Constitution. 

Done in convention at the State House, in Trenton, 
on the twenty-ninth day of June, in the year of our Lord 
one thousand eight hundred and forty-four, and of the 
Independence of the United States of America the sixty- 
eighth. ALEXANDER WURTS, 

President of the Convention, 
William Patterson, Secretary. 
Th. J. Saunders, Assistant Secretary, 



CONSTITUTION OF PENNSYLVANIA. 

Article 1. 

Sec. 1. The legislative power of this commonwealth 
shall be vested in a general Assembly, which shall con" 
eist in a Senate, and House of Representatives. 



112 CONSTITUTION OP PENNSYLVANIA. 

2. The representatives shall be chosen annually, by the 
citizens of the city of Philadelphia, and of each county 
respectively, on the second Tuesday of October. 

3. No person shall be a representative who shall not 
have attained the age of twenty-one years, and have been 
a citizen and inhabitant of the State three years next pre- 
ceding his election, and the last year thereof an inhabitant 
of the district in and for which he shall be chosen a re- 
presentative, unless he shall have been absent on the pub- 
lic business of the United States or of this State. 

4. Within three years after the first meeting of the 
general Assembly, and within every subsequent term 
of seven years, an enumeration of the taxable inhabi- 
tants shall be made in such manner as shall be di- 
rected by law. The number of representatives shall at 
the several periods of making such enumeration, be fixed 
by the legislature, and apportioned among the city of 
Philadelphia and the several counties, according to the 
number of taxable inhabitants in each : and shall never 
be less than sixty nor greater than one hundred. Each 
county shall have at least one representative, but no 
county hereafter erected shall be entitled to a separate re- 
presentation until a sufficient number of taxable inhabi- 
tants shall be contained within it, to entitle them to one 
representative, agreeably to the ratio which shall then be 
established. 

5. The senators shall be chosen for three years by the 
citizens of Philadelphia and of the several counties, at 
the same time, in the same manner, and at the same places 
where they shall vote for representatives. 

6. The number of senators shall, at the several periods 
of making the enumeration before mentioned, be fixed by 
the legislature, and apportioned among the districts form- 
ed as hereinafter directed, according to the number of 
taxable inhabitants in each ; and shall never be less than 
one-fourth, nor greater than one-third, of the number of re- 
presentatives. 

7. The senators shall be chosen in districts, to be so form- 
ed by the legislature ; but no district shall be so formed as to 
entitle it to elect more than two senators, unless the num- 
ber of taxable inhabitants in any city or county shall, at 



CONSTITUTION OF PENNSYLVANIA. 113 

any time, be such as to entitle it to elect more than two 
but no citry or county shall be entitled to elect more than 
four senators ; when a district shall be composed of two 
or more counties, they shall be adjoining; neither the 
city of Philadelphia nor any county shall be divided in 
forming a district. 

8. No person shall be a senator who shall not have at- 
tained the age of twenty-five years, and have been a citi- 
zen and inhabitant of the State four years next before his 
election, and the last year thereof an inhabitant of the dis- 
trict for which he shall be chosen, unless he shall have 
been absent on the public business of the United States 
or of this State ; and no person elected as aforesaid shall 
hold said office after he shall have removed from such 
district. 

9. The senators who may be elected at the first gene- 
ral election after the adoption of the amendments to the 
Constitution, shall be divided by lot into three classes. 
The seats of the senators of the first class shall be vaca- 
ted at the expiration of the first year; of the second class 
at the expiration of the second year ; and of the third 
class at the expiration of the third year ; so that thereafter 
one-third of the whole number of senators may be chosen 
every year. The senators elected before the amendments 
to the Constitution shall be adopted shall hold their 
oflices during the terms for which they shall respectively 
have been elected. 

10. The general Assembly shall meet on the first 
Tuesday of January, in every year, unless sooner con- 
vened by the governor. 

11. Each House shall choose its speaker and other 
officers ; and the Senate shall also choose a speaker pro 
tempore, when the speaker shall exercise the office of 
Governor. 

12. Each House shall judge of the qualifications of its 

members. Contested elections shall be determined by a 

committee to be selected, formed and regulated in such 

manner as shall be directed by law. A majority of each 

House shall constitute a quorum to do business ; but a 

smaller number may adjourn from day to day, and may 

be authorized by law to compel the attendance of absent 
^ 10*^ 



114 CONSTITUTION OF PENNSYLVANIA. 

members, in such manner and under such penalties as 
may be provided. 

13. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and with the concurrence of two-thirds, expel a member, 
but not a second time for the same cause ; and shall have 
all other powers necessary for a branch of the legislature 
of a free State. 

14. The legislature shall not have power to enact laws 
annulling the contract of marriage in any case where, by 
law, the courts of this commonwealth are, or hereafter 

.may be, empowered to decree a divorce. 

15. Each House shall keep a journal of its proceed- 
ings, and publish them weekly, except such parts as 
may require secrecy: and the yeas and nays of the mem- 
bers on any question shall, at the desire of any two of 
them, be entered on the journals. 

16. The doors of each House and of committees of the 
whole shall be open, unless when the business shall be 
such as ought to be kept secret. 

17. Neither House shall, without the consent of the 
other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 

18. The senators and representatives shall receive a 
compensation for their services to be ascertained by law, 
and paid out of the treasury of the commonwealth. They 
shall in all cases, except treason, felony, and breach or 
surety of the peace, be privileged from arrest during their 
attendance at the session of their respective Houses, and 
in going to and returning from the same. And for any 
speech or debate in either House, they shall not be ques- 
tioned in any other place. 

19. No senator or representative shall, during the time 
for which he shall have been elected, be appointed to any 
civikoffice under this commonwealth which shall have 
been created, or the emoluments of which shall have been 
increased during such time ; and no member of Congress 
or other person holding any office, (except of attorney at 
law and in the militia) under the United States or this 
commonwealth, shall be a member of either House du- 
rinsr his continuance in Congress or in office 



CONSTITUTION OF PENNSYLVANIA. 115 

20. When vacancies happen in either House, the 
speaker shall issue writs of election to fill such vacancies. 

21. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose 
amendments as in other bills. 

22. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. 

23. Every bill which shall have passed both Houses 
shall be presented to the Governor. If he approve, he 
shall sign it, but if he shall not approve, he shall return it 
with his objections to the House in which it shall have 
originated, who shall enter the objections at large upon their 
journals, and proceed to reconsider it. If, after such /econ- 
sideration, two-thirds of that House shall agree to pass the 
bill, it shallbe sent with the objections to the other House, 
by which likewise it shall be reconsidered, and if approved 
by two-thirds of that House, it shall bealaw. But in such 
cases the votes of both Houses shall be determined by yeas 
and nays, and the names of the persons voting for or against 
the bill shall be entered on the journals of each House re- 
spectively. If any bill shall not be returned by the Go- 
vernor within ten days (Sundays excepted) after it shall 
have been presented to him, it shall be a law in like 
manner as if he had siofned it, unless the oreneral As- 
sembly, by their adjournment, prevented its return, in 
which case it shall be a law, unless sent back within three 
days after their next meeting. 

24. Every order, resolution or vote, to which the con- 
currence of both Houses may be necessary (except on a 
question of adjournment) shall be presented to the Go- 
vernor, and before it shall take effect, be approved by 
him, or being disapproved, shall be repassed by two- 
thirds of both Houses according to the rules and limita- 
tions prescribed in case of a bill. 

25. No corporate body shall be hereafter created, re- 
newed or extended with banking or discounting privi- 
leges, without six months' previous public notice of the 
Intended application for the same in such manner as shall 
be prescribed by law. Nor shall any charter for the pur- 
poses aforesaid, be granted for a longer period than twen- 
ty years, and every such charter shall contain a clause re- 



116 CONSTITUTION OF PENNSYLVANIA. 

serving to the legislature the power to alter, revoke or 
annul the same, whenever in their opinion it may be in- 
jurious to the citizens of the commonwealth, in such man- 
ner, however, that no injustice shall be done to the cor- 
porators. No law hereafter enacted, shall create, renew, 
or extend the charter of more than one corporation. 

Article 2. 
Sec. 1. The supreme executive power of this com- 
monwealth shall be vested in a Governor. 

2. The Governor shall be chosen on the second Tues- 
day of October, by the citizens of the commonwealth, at 
the places where they shall respectively vote for repre- 
sentatives. The returns of every election for Governor 
shall be sealed up and transmitted to the seat of govern- 
ment, directed to the speaker of the Senate, who shall 
open and publish them in the presence of the members of 
both Houses of the legislature. The person having the 
highest number of votes shall be Governor. But if two 
or more shall be equal and highest in votes, one of them 
shall be chosen Governor by the joint vote of the mem- 
bers of both Houses. Contested elections shall be de- 
termined by a committee to be selected from both Houses 
of the legislature, and formed and regulated in such man- 
ner as shall be directed by law. 

3. The Governor shall hold his office during three 
years from the third Tuesday of January next ensuing 
his election, and shall not be capable of holding it longer 
than six in any term of nine years. 

4. He shall be at least thirty years of age, and have 
been a citizen and an inhabitant of this State seven years 
next before his election ; unless he sliall liave been ab- 
sent on the public business of the United States, or of 
this State. 

5. No member of Congress or person holding any of- 
fice under the United States, or this State, shall exercise 
the office of Governor. 

G. The Governor shall at stated times receive for his 
services a compensation, which shall be neither increased 
nor diminished during the period for which he shall have 
been elected. 



CONSTITUTION OF PENNSYLVANIA. 117 

7. He shall be commander-in-chief of the Army and 
Navy of this commonwealth, and of the militia, except 
when they shall be called into the actual service of the 
United States. " 

8. He shall appoint a secretary of the commonwealth 
during pleasure, and he shall nominate, and by and with 
the advice and consent of the Senate, appoint all judicial 
officers of courts of record, u]'iless otherwise provided for 
in this Constitution. He shall have power to fill all va- 
cancies that may happen in such judicial offices during 
the recess of the Senate, by granting commissions which 
shall expire at the end of their next session : Provided, 
that in acting on executive nominations the Senate shall 
sit with open doors, and in confirming or rejecting the 
nominations of the Governor, the vote shall be taken by 
yeas and nays. 

9. He shall have power to remit fines and forfeitures, 
and grant reprieves and pardons, except in cases of im- 
peachment. * 

10. He may require information in writing, from the 
officers in the executive department, on any subject re- 
lating to the duties of their respective offices. 

11. He shall, from time to time, give to the general 
Assembly information of the state of the commonwealth, 
and recommend to their consideration such measures as 
he shall judge expedient. 

12. He may, on extraordinary occasions, convene the 
general Assembly ; and in case of disagreement between 
the two Houses, with respect to the time of adjournment, 
adjourn them to such time as he shall think proper, not 
exceeding four months. 

13. He shall take care that the laws be faithfully exe- 
cuted. 

14. In case of the death or resignation of the Gover 
nor, or his removal from office, the speaker of the Senate 
shall exercise the office of Governor, until another Gover- 
nor shall be duly qualified ; but in such case another Gover- 
nor shall be chosen at the next annual election of repre- 
sentatives, unless such death, resignation, or removal, 
shall occur within three calendar months immediately pre- 
oedingsuchnextannualelection, in which case a Governor 



118 COr^STITUTION OF PENNSYLVANIA. 

shall be chosen at the second succeeding annual election 
of representatives. And if the trial of a contested elec- 
tion shall continue longer than until the third Monday of 
January next ensuing the election of Governor, the Go- 
vernor of the last year, or the speaker of the Senate who 
may be in the exercise of the executive authority, shall 
continue therein until the determination of such contested 
election, and until a Governor shall be duly qualified as 
aforesaid. 

15. The secretary of the commonwealth shall keep a 
fair register of all the official acts and proceedings of the 
Governor, and shall, when required, lay the same and 
all papers, minutes and vouchers relative thereto, before 
either branch of the legislature, and shall perform such 
other duties as shall be enjoined him by law. 

Article 3. 
Sec. 1. In elections by the citizens, every white free- 
man of the age of twenty-onf years, having resided in 
this State one year, and in the election district where he 
offers to vote, ten days immediately preceding such elec- 
tion, and within two years paid a State or county tax, 
which shall have been assessed at least ten days before 
the election, shall enjoy the rights of an elector. But a 
citizen of the United States, who had previously been a 
qualified voter of this State, and removed therefrom and 
returned, and who shall have resided in the election dis- 
trict, and paid taxes as aforesaid, shall be entitled to vote, 
after residing in the State six months : Provided, that 
white freemen, citizens of the United States, between the 
ages of twenty-one and twenty-two years, and having re- 
sided in the State one year, and in the election district 
ten days as aforesaid, shall be entitled to vote, although 
they shall not have paid taxes. 

2. All elections shall be by ballot, except those by per- 
sons in their representative capacities, who shall vote 
viva voce. 

3. Electors shall in all cases, except treason, felony, 
and breach of surety of the peace, be privileged from ar- 
rest during their attendance on elections, and in going to 
and returning from them. 



constitution of pennsylvania. 119 

Article 4. 
Sec. 1. The House of Representatives shall have the 
sole power of impeaching. 

2. All impeachments shall be tried by the Senate : 
when sitting for that purpose, the senators shall be upon 
oath or affirmation.. No person shall be convicted, with- 
out the concurrence of two-thirds of the members present. 

3. The Governor, and all other civil officers under 
this commonwealth, shall be liable to impeachment for 
any misdemeanor in office ; but judgment, in such cases, 
shall not extend further than to removal from office, and 
disqualification to hold any office of honor, trust, or pro- 
fit, under this commonwealth : the party, whether con- 
victed or acquitted, shall, nevertheless, be liable to in- 
dictment, trial, judgment and punishment, according to 
law. 

Article 5. 

Sec. 1. The judicial power of this commonwealth 
shall be vested in a supreme court, in courts of oyer and 
terminer and general jail delivery, in a court of common 
pleas, orphans' court, register's court, and a court of 
quarter sessions of the peace, for each county ; in jus- 
tices of the peace, and in such other courts as the legisla- 
ture may, from time to time establish. 

2. The judges of the supreme court, of the several 
courts of common pleas, and of such other courts of re- 
cord as are or shall be established by law, shall be nomina- 
ted by the Governor, and by and with the consent of the 
Senate appointed and commissioned by him. The 
judges of the supreme court shall hold their offices for 
the term of fifteen years, if they shall so long behave 
themselves well. The president judges of the several 
courts of common pleas, and of such other courts of record 
as are or shall be established by law, and all other judges 
required to be learned in the law, shall hold their offices 
for the term of ten years, if they shall so long behave 
themselves well. The associate judges of the courts of 
common pleas shall hold their offices for the term of five 
years, if they shall so long behave themselves well. But 
ior any reasonable cause, whi<;h shall not be sufficient 



120 CONSTITUTION OF PENNSYLVANIA. 

ground of impeachment, the Governor may remove any 
of them on the address of two-thirds of eacli branch of 
the legislature. The judges of the supreme court, and 
the presidents of the several courts of common pleas, 
shall at stated times receive for their services an adequate 
compensation to be fixed by law, which shall not be di- 
minished during their continuance in office ; but they 
shall receive no fees or perquisites of office, nor hold any 
other office of profit under this commonwealth. 

3. Until otherwise directed by law, the courts of com- 
mon pleas shall continue as at present established. Not 
more than five counties shall at any time be included in 
one judicial district organized for said courts. 

4. The jurisdiction of the supreme court shall extend 
over the State ; and the judges thereof shall, by virtue of 
their offices, be justices of oyer and terminer and general 
jail delivery, in the several counties. 

5. The judges of the court of common pleas, in each 
county, shall, by virtue of their offices, be justices of oyer 
and terminer and general jail delivery, for the trial of 
capital and other offenders therein ; any two of said 
judges, the president being one, shall be a quorum; but 
they shall not hold a court of oyer and terminer, or jail 
delivery, in any county, when the judges of the supreme 
court, or any of them shall be sitting in the same county. 
The party accused, as well as the commonwealth, may, 
under such regulations as shall be prescribed by law, re- 
move the indictment and proceedings, or a transcript 
thereof, into the supreme court. 

6. The supreme court, and the several courts of com- 
mon pleas, shall, beside the powers heretofore usually 
exercised by them, have the powers of a court of chance- 
ry, so far as relates to the perpetuating of testimony, the 
obtaining of evidence from places not within the State, 
and the care of the persons and estates of those who are 
non compotes mentis. And the legislature shall vest in 
the said courts such other powers to grant relief in equity, 
as shall be found necessary ; and may, from time to time, 
enlarge or diminish those powers or vest them in suoH 
other courts as they shall judge proper, for the due 
ministration of justice. 



CONSTITUTION OF PENNSYLVANIA. l-l 

7. The judges of the court of common plens of each 
county, any two of whom shall be a quorum, shall com- 
pose the court of quarter sessions of the peace, and or- 
phans' court thereof; and the register of wills, together 
with the said judges, or any two of them, shall compose 
the register's court of each county. 

8. The judges of the courts of common pleas shall, 
within their respective counties, have like powers with 
the judges of the supreme court, to issue writs of certio- 
rari to the justices of the peace, and to cause their pro- 
ceedings to be brought before them, and the like right 
and justice to be done. 

9. The president of the court in each circuit within 
such circuit, and the judges of the court of common pleas 
within their respective counties, shall be justices of the 
peace, so far as relates to criminal matters. 

10. A register's office, for the probate of wills and 
granting letters of administration, and an office for the re- 
cording of deeds, shall be kept in each county. 

11. The style of all process shall be " The Common- 
wealth of Pennsylvania." All prosecutions shall be car- 
ried on in the name and by the authority of the common- 
wealth of Pennsylvania, and conclude, " against the peace 
and dignity of the same." 

Article 6. 

Sec. 1. Sheriffs and coroners shall, at the times and 
places of election of representatives, be chosen by the 
citizens of each county. One person shall be chosen for 
each office, who shall be commissioned by the Governor. 
They shall hold their offices for three years, if they shall 
so long behave themselves well, and until a successor be 
duly qualified ; but no person shall be twice chosen or 
appointed sheriff in any term of six years. Vacancies in 
either of the said offices shall be filled by an appointment, 
to be made by the Governor, to continue until the next 
general election, and until a successor shall be chosen and 
qualified as aforesaid. 

2. The freemen of this commonwealth shall be armed, 
organized, and disciplined for its defence, when and in 
such manner as may be directed by law. Those who 
11 



123 CONSTITUTION OF PENNSYLVANIA. 

conscientiously scruple to bear arms, shall not be com- 
pelled to do so, but shall pay an equivalent for personal 
service. 

3. Prothonotaries of the supreme court shall be ap 
pointed by the said court for the term of three years, if 
they so long behave themselves well. Prothonotaries 
and clerks of the several other courts, recorders of deeds, 
and registers of wills, shall at the times and places of 
election of representatives, be elected by the qualified 
electors of each county, or the districts over which the 
jurisdiction of said courts extends, and shall be commis- 

oned by the governor. They shall hold their offices 
for three years, if they shall so long behave themselves 
well, and until their successors shall be duly qualified. 
The legislature shall provide by law the number of per- 
sons in each county who shall hold said offices, and how 
many and which of said offices shall be held by one per- 
son. Vacancies in any of the said offices shall be filled 
by appointments to be made by the Governor, to con- 
tinue until the next general election, and until successors 
shall be elected and qualified as aforesaid. 

4. Prothonotaries, clerks of the peace and orphans' 
courts, recorders of deeds, registers of wills, and sheriffs, 
shall keep their offices in the county town of the county 
in which they, respectively, shall be officers, unless when 
the Governor shall, for special reasons, dispense therewith, 
for any term not exceeding five years after the county 
shall have been erected. 

5. All commissions shall be in the name and by the 
authority of the commonwealth of Pennsylvania, and be 
sealed with the state seal, and signed by the Governor. 

6. A state treasurer shall be elected annually, by joint 
vote of both branches of the legislature. 

7. Justices of the peace or aldermen, shall be elected 
in the several wards, boroughs and townships, at the time 
of the election of constables by the qualified voters thereof, 
m such number as shall be directed by law, and shall be 
commissioned by the Governor for a term of five years. 
But no township, ward or borough, shall elect more than 
two justices of the peace or aldermen without the consent 



CONSTITUTION OF PENNSYLVANIA. 123 

of a majority of the qualified electors within such town- 
ship, ward or borough. 

8. All officers whose election or appointment is nut 
provided for in this constitution, shall be elected or ap- 
pointed as shall be directed by law. No person shall be 
appointed to any office within any county who shall not 
have been a citizen and an inhabitant therein one year 
next before his appointment, if the county shall have been 
so long erected; but if it shall not have been so long 
erected, then within the limits of the county or counties 
out of which it shall have been taken. No member of 
Congress from this state, or any person holding or exer- 
cising any office or appointment of trust or profit under 
the United States, shall at the same time hold or exercise 
any office in this State, to which a salary is, or fees or 
perquisites are, by law, annexed ; and the legislature may 
by law declare what state offices are incompatible. No 
member of the Senate or of the House of Representatives 
shall be appointed by the Governor to any office during 
the term for which he shall have been elected. 

9. All officers for a term of years shall hold their offices 
for the terms respectively specified, only on the condition 
that they so long behave themselves well ; and shall be 
removed on conviction of misbehaviour in office or of any 
infamous crime. 

10. Any person who shall, after the adoption of the 
amendments proposed by this Convention to the Consti- 
tution, fight a duel, or send a challenge for that purpose, 
or be aider or abettor in fighting a duel, shall be deprived 
of the right of holding any office of honor or profit in 
this State, and shall be punished otherwise in such man- 
ner as is, or may be prescribed by law ; but the executive 
may remit the said offence and all its disqualifications. 

Article 7. 

Sec. 1. The legislature shall, as soon as conveniently 
may be, provide, by law, for the establishment of schools 
throughout the State, in such manner that the poor may 
be taught gratis. 

2. The arts and sciences shall be promoted in one or 
more seminaries of learninjgf. 



124 



CONSTITUTION OF PENNSYLVANIA. 



3. The rights, privileges, immunities and estates of 
religious societies and corporate bodies, shall remain as 
if the Constitution of this State had not been altered or 
amended. 

4. The legislature shall not invest any corporate body 
or individual with the privilege of taking private property 
for public use, without requiring such corporation or in- 
dividual to make compensation to the owners of said pro- 
perty, or give adequate security therefor, before such pro- 
perty shall be taken. 

Article 8. 
Members of the general Assembly and all officers, ex- 
ecutive and judicial, shall be bound by oath or affirmation 
to support the Constitution of this commonwealth, and 
to perform the duties of their respective offices with 
fidelity. 

Article 9. 

That the general, gr^at and essential principles of liberty and 
free government may he recognized and unalterably established, 
we declare: 

1. That all men are born equally free and independent, 
and have certain inherent and indefeasible rights, among 
which are those of enjoying and defending life and liberty, 
of acquiring, possessing, and protecting property and 
reputation, and of pursuing their own happiness. 

2. That all power is inherent in the people, and all 
free governments are founded on their authority, and in- 
stituted for their peace, safety, and happiness : For the 
advancement of those ends, they have, at all times, an 
unalienable and indefeasible right to alter, reform, or 
abolish their government, in such manner as they may 
think proper 

3. That all men have a natural and indefeasible right 
to worship Almighty God according to the dictates "of 
their own consciences ; that no man can, of right, be com- 
pelled to attend, erect, or sui)port any place of worship, 
or to maintain any ministry against his consent; that no 
human authority can, in any case whatever, control o*- 
interfere with the rights of conscience ; and that no pre- 



CONSTITUTION OF PENNSYLVANIA. 125 

ference shall ever be given, by law, to any religious 
establishments or modes of worship. 

4. That no person who acknowledges the being of a 
God and i iV'-.ure state of rewards and punishments, shall, 
on account of his religious sentiments, be disqualified to 
hold any office or place of trust or profit under this com- 
monwealth. 

5. That elections shall be free and equal. 

6. That trial by jury shall be as heretofore, and the 
right thereof remain inviolate. 

7. That the printing presses shall be free to every per- 
son who undertakes to examine the proceedings of the 
legislature or any branch of government : and no law shall 
ever be made to restrain the right thereof. The free 
communication of thoughts and opinions is one of the 
invaluable rights of man ; and every citizen may freely 
speak, write and print on any subject, being responsible 
for the abuse of that liberty. In prosecutions for the 
publication of papers, investigating the official conduct of 
officers, or men in a public capacity, or where the matter 
published is proper for public information, the truth there- 
of may be given in evidence ; and, in all indictments for 
libels, the jury shall have a right to determine the law 
and the facts, under the direction of the court, as in other 
cases. 

8. That the people shall be secure in their persons, 
houses, papers and possessions, from unreasonable 
searches and seizures ; and that no warrant to search any 
place, or to seize any person or things, shall issue with- 
out describing them as nearly as may be, nor without 
probable cause, supported by oath or affirmation. 

9. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and his counsel, to demand 
the nature and cause of the accusation against him, to 
meet the witnesses face to face, to have compulsory pro- 
cess for obtaining witnesses in his favor, and in prosecu- 
tions by indictment or information, a speedy trial by an 
impartial jury of the vicinage : that he cannot be compel- 
led to give evidence against himself, nor can he be de- 
prived of his life, liberty or property, unless by the judg- 
ment of his peers or the law of the land. 



126 CONSTITUTION OF PENNSYLVANIA. 

10. That no person shall, for any indictable offence, 
be proceeded against criminally by information ; except 
in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger; 
or by leave of the court for oppression and misdemeanor 
in office. No person shall for the same offence be twice 
put in jeopardy of life or limb ; nor shall any man's pro- 
perty be taken, or applied to public use, without the consent 
of his representatives, and without just compensation be- 
ing made. 

11. That all courts shall be open, and every man for 
an injury done him in his lands, goods, person or repu- 
tation, shall have remedy by the due course of law, and 
right and justice administered without sale, denial or de- 
lay. Suits may be brought against the commonwealth 
in such manner, in such courts, and in such cases, as the 
legislature may, by law, direct. 

12. That no power of suspending laws shall be exer- 
cised, unless by the legislature, or its authority. 

13. That excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel punishments inflicted. 

14. That all prisoners shall be bailable by sutTicient 
sureties, unless for capital offences, when the proof is 
evident or presumption great: and the privilege of the 
writ of habeas corpus shall not be suspended, unless 
when, in cases of rebellion or invasion, the public safety 
may require it. 

15. That no commission of oyer and terminer or jail 
delivery shall be issued. 

16. That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in 
prison after delivering up his estate for the benefit of his 
creditors in such manner as shall be prescribed by law. 

17. That no ex post facto law, nor any law impairing 
contracts, shall be made. 

18. That no person shall be attainted of treason or felo- 
ny by the legislature. 

" 19. That no attainder shall work corruption of blood ; 
nor, except during the life of the offender, forfeiture of 
estate to the c-ommonwealth : that the estates of such per- 
sons as shall destroy their own lives, shall descend or 



CONSTITUTION OF PENNSYLVANIA. 127 

vest as in case of natural death ; and if any person shall 
be killed by casualty, there shall be no forfeiture by reason 
thereof. 

20. That the citizens have a right, in a peaceful man- 
ner, to assemble together for their common good, and to 
apply to those invested with the powers of government 
for redress of grievances, or other proper purposes, by 
petition, redress, or remonstrance. 

21. That the right of the citizens to bear arms, in de- 
fence of themselves and the State, shall not be questioned. 

22. That no standing army shall, in time of peace, be 
kept up, without the consent of the legislature ; and the 
military shall, in all cases, and at all times, be in strict 
subordination to the civil power. 

23. That no soldier shall, in time of peace, be quarter- 
ed in any house, without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law. 

24. That the legislature shall not grant any title of no- 
bility or hereditary distinction, nor create any office the 
appointment to which shall be for a longer term than du- 
ring good behaviour. 

25. That emigration from the State shall not be pro- 
hibited. 

26. To guard against transgressions of the high pow- 
ers which we have delegated, we declare, that every 
thing in this article is excepted out of the general powers 
of government, and shall forever remain inviolate. 

Article 10. 
Any amendment or amendments to this Constitution may 
be proposed in the Senate or House of Representatives, 
and if the same shall be agreed to by a majority of the 
members elected to each house, such proposed amend- 
ment or amendments shall be entered on their journals, 
with the yeas and nays taken thereon, and the secretary 
of the commonwealth shall cause the same to be publish- 
ed three months before the next election, in at least one 
newspaper in every county in which a newspaper shall 
be published ; and if in the legislature next afterwards 
chosen, such proposed amendment or amendments shall 
be agreed to by a majority of the members elected to 



128 CONSTITUTION OF VIRGIJVIA. 

each House, the secretary of the commonwealth shall 
cause the same again to be published in manner aforesaid, 
and such proposed amendment or amendments shall be 
submitted to the people in such manner and at such time, 
at least three months after being so agreed to by the two 
Houses, as the legislature shall prescribe ; and if the peo- 
ple shall approve and ratify such amendment or amend- 
ments by a majority of the qualified voters of this State 
voting thereon, such amendment or amendments shall 
become a part of the Constitution, but no amendment or 
amendments shall be submitted to the people oftener than 
once in five years : Provided, that if more than one 
amendment be submitted, they shall be submitted in such 
manner and form, that the people may vote for or against 
each amendment separately and distinctly. 



CONSTITUTION OF VIRGINIA. 
Bill of Rights. 

A Declaration of Rights made by the Representatives of the good 
People of Virginia, assembled in full and free Convetdion ; 
which rights do pertain to them, and their Posterity, as the ba- 
sis and foundation of Government. Unanimously adopted, 
June I2th, 1776. 

1. That all men are by nature equally free and inde- 
pendent, and have certain inherent rights, of which, when 
they enter into a state of society, they cannot, by any 
compact, deprive or divest their posterity ; namely, the 
enjoyment of life and liberty, with the means of acquiring 
and possessing property, and pursuing and obtaining hap- 
piness and safety. 

2. That all power is vested in, and consequently de- 
rived from, the people ; that magistrates are their trustees 
and servants, and at all times amenable to them. 

3. That government is, or ought to be, instituted for 
the common benefit, protection, and security of the peo- 
ple, nation, or community : of all the various modes and 



CONSTITUTION OF VIRGINIA. 129 

forms of government, that is best, which is capable of pro- 
ducing the greatest degree of happiness and safety, and is 
most effectually secured against the danger of maladminis- 
tration ; and that, when any government shall be found 
inadequate or contrary to these purposes, a majority of 
the community hath an indubitable, unalienable, and inde- 
feasible right to reform, alter, or abolish it, in such manner 
as shall be judged most conducive to the public weal. 

4. That no man, or set of men, are entitled to exclu- 
sive or separate emoluments or privileges from the com- 
munity, but in consideration of public services ; which 
not being descendible, neither ought the offices of ma- 
gistrate, legislator, or judge to be hereditary. 

5. That the legislative and executive powers of the 
State should be separate and distinct from the judiciary ; 
and that the members of the two first may be restrained 
from oppression, by feeling and participating the burthens 
of the people, they should, at fixed periods, be reduced to 
a private station, return into that body from which they 
were originally taken, and the vacancies be supplied by 
frequent, certain, and regular elections, in which all, or 
any part of the former members, to be again eligible, or 
ineligible, as the laws shall direct. 

6. That elections of members to serve as representa- 
tives of the people, in Assembly, ought to be free ; and 
that all men having sufficient evidence of permanent com- 
mon interest with, and attachment to, the community, 
have the right of suffrage, and cannotbe taxed or deprived 
of their property for public uses, without their own con- 
sent, or that of their representatives so elected, nor bound 
by any law to which they have not, in like manner as- 
sented, for the public good. 

7. That all power of suspending laws, or the execu- 
tion of laws, by any authority, without consent of the re- 
presentatives of the people, is injurious to their rights, 
and ought not to be exercised. 

8. That, in all capital or criminal prosecutions, a man 
hath a right to demand the cause and nature of his accu- 
sation, to be confronted with the accusers and witnesses, 
to call for evidence in his favor, and to a speedy trial by 
an impartial jury of his vicinage, without whose unani- 

10* 



130 CONSTITUTION OF VIRGINIA. 

mous consent he cannot be found guilty; nor can he be com- 
pelled to give evidence against himself; that no man be 
deprived of his liberty except by the law of the land, or 
the judgment of his peers. 

9. That excessive bail ought not to be required, nor 
excessive fines imposed, nor cruel and unusual punish- 
ments inflicted. 

10. That general warrants, whereby an ofTicer or mes- 
senger may be commanded to search suspected places 
without evidence of a fact committed, or to seize any per- 
son or persons not named, or whose offence is not par- 
ticularly described and supported by evidence, are griev- 
ous and oppressive, and ought not to be granted. 

11. That, in controversies respecting property, and in 
suits between man and man, the ancient trial by jury is 
preferable to any other, and ought to be held sacred. 

12. That the freedom of the press is one of the great 
bulwarks of liberty, and can never be restrained but by 
despotic governments. 

1 3. That a well regulated militia, composed of the body 
of the people, trained to arms, is the proper, natural, and 
safe defence of a free State ; that standing armies, in time 
of peace, should be avoided, as dangerous to liberty ; and 
that, in all cases, the military should be under strict subor- 
dination to, and governed by, the civil power. 

14. That the people have a right to uniform govern- 
ment ; and, therefore, that no government separate from, 
or independent of, the government of Virginia, ought to 
be erected or established within the limits thereof. 

15. That no free government, or the blessings of liber- 
ty, can be preserved to any people, but by a firm adhe- 
rence to justice, moderation, temperance, frugality, and 
virtue, and by frequent recurrence to fundamental princi- 
ples. 

16. That religion, or the duty which we owe to our 
Creator, and the manner of discharging it, can be directed 
only by reason and conviction, not by force or violence; 
and therefore all men are equally entitled to the free ex- 
ercise of religion, according to the dictates of conscience, 
and that it is the mutual duty of all to practise Christian 
forbearance, love, and charity towards each other. 



CONSTITUTION OF VIRGINIA. 131 



AN AMENDED CONSTITUTION, 

OR FORM OF GOVERNMENT FOR VIRGINIA. ADOPTED 

JANUARY 14th, 1830. 

Article 1. 
The Declaration of Rights made on the 12th June, 1776, 
by the representatives of the good people of Virginia, 
assembled in full and free convention, which pertained to 
them and their posterity, as the basis and foundation of 
government; requiring in the opinion of this Convention 
no amendment, shall be prefixed to this Constitution, and 
have the same relation thereto as it had to the former 
Constitution of this commonwealth. 

Article 2. 

The legislative, executive, and judiciary departments 
shall be separate aud distinct, so that neither exercise the 
powers properly belonging to either of the others ; nor 
shall any person exercise the powers of more than one 
of them at the same time, except that the justices of the 
county courts shall be eligible to either House of Assembly. 

Article 3. 

1. The legislature shall be formed of two distinct 
branches, which together shall be a complete legislature, 
and shall be called the general Assembly of Virginia. 

2. One of these shall be called the House of Delegates, 
and shall consist of one hundred and thirty-four members, 
to be chosen, annually, for and by the several counties, 
cities, towns, and boroughs, of the commonwealth; 
whereof thirty-one delegates shall be chosen for and by 
the twenty-six counties lying west of the Alleghany 
mountains : twenty-five, for and by the fourteen coun- 
ties lying between the Alleghany and Blue Ridge of 
mountains ; forty-two, for and by the twenty-nine counties 
lying east of the Blue Ridge of mountains and above tide- 
water, and thirty-six, for and by the counties, cities, 
towns, and boroughs lying upon tide-water, that is to say: 
Of the twenty-six counties lying west of the Alleghany, 



132 



CONSTITUTION OF VIRGINIA. 



the counties of Harrison, Montgomery, Monongalia, Ohio, 
and Washington, shall each elect two delegates; and the 
counties of Brooke, Cabell, Grayson, Greenbrier, Giles, 
Kanawha, Lee, Lewis, Logan, Mason, Monroe, Nicho- 
las, Pocahontas, Preston, Randolph, Russell, Scott, Taze- 
well, Tyler, Wood, and Wythe, shall each elect one 
delegate. Of the fourteen counties lying between the 
Alleghany and Blue Ridge, the counties of Frederick and 
Shenandoah, shall each elect three delegates ; the counties 
of Augusta, Berkely, Botetourt, Hampshire, Jefferson, 
Rockingham, and Rockbridge, shall each elect two dele- 
gates ; and the counties of Alleghany, Bath, Hardy, Mor- 
gan, and Pendleton, shall each elect one delegate. Of 
the twenty-nine counties lying east of the Blue Ridge and 
above tide-water, the county of Loudoun shall elect three 
delegates ; the counties of Albemarle, Bedford, Brunswick, 
Buckingham, Campbell, Culpepper, Fauquier, Franklin, 
Halifax, Mecklenburg, and Pittsylvania, shall each elect twc 
delegates ; and the counties of Amelia, Amherst, Charlotte, 
Cumberland, Dinwiddle, Fluvanna, Goochland, Henry, 
Louisa, Lunenburg, Madison, Nelson, Nottoway, Orange, 
Patrick, Powhatan, and Prince Edward, shall each elect 
one delegate. And of the counties, cities, towns, and 
boroughs lying on tide- water, the counties of Accomack 
and Norfolk, shall each elect two delegates ; the counties 
of Caroline, Chesterfield, Essex, Fairfax, Greenesville, 
Gloucester, Hanover, Henrico, Isle of Wight, King and 
Queen, King William, King George, Nansemond, INorth- 
iimberland, Northampton, Princess Anne, Prince George, 
Prince William, Southampton, Spottsylvania, Stafford, 
Sussex, Surry, and Westmoreland, and the city of Rich- 
mond, the borough of Norfolk, and the town of Peters- 
burg, shall each elect one delegate ; the counties of 
Lancaster and Richmond shall together elect one dele- 
gate ; the counties of Matthews and Middlesex shall to- 
gether elect one delegate ; the counties of Elizabeth City 
and Warwick shall together elect one delegate ; the coun 
ties of James City and York, and the city of Williams 
burg, shall together elect one delegate ; and the counties 
of New Kent and Charles City shall together elect one 
delegate. 



CONSTITUTION OF VIRGINIA. 133 

3. The other house of the general Assembly shall be 
i.dlled the Senate, and shall consist of thirty-two mem- 
bers, of whom thirteen shall be chosen for and by the 
counties lying west of the Blue Ridge of mountains, and 
nineteen for and by the counties, cities, towns, and bo- 
roughs lying east thereof; and for the election of whom, 
the counties, cities, towns, and boroughs shall be divided 
into thirty-two districts, as hereinafter provided. Each 
county of the respective districts, at the time of the first 
election of its delegate or delegates under this Constitu- 
tion, shall vote for one senator ; and the sheriffs or other 
officers holding the election for each county, city, town, 
or borough, within five days at farthest after the last 
county, city, town, or borough election in the district, 
shall meet at some convenient place, and from the polls 
so taken in their respective counties, cities, towns, or bo- 
roughs, return as a senator the person who shall have the 
greatest number of votes in the whole district. To keep 
up this assembly by rotation, the districts shall be equal- 
ly divided into four classes, and numbered by lot. At 
the end of one year after the first general election, the 
eight members elected by the first division shall be dis- 
placed, and the vacancies thereby occasioned, supplied 
from such class or division by new election in the man- 
ner aforesaid. This rotation shall be applied to each di- 
vision according to its number, and continued in due or- 
der annually. And for the election of senators, the 
counties of Brooke, Ohio, and Tyler, shall form one dis- 
trict: the counties of Monongalia, Preston, and Randolph, 
shall form another district; the counties of Harrison, 
Lewis, and Wood, shall form another district : the coun- 
ties of Kanawha, Mason, Cabell, Logan, and Nicholas 
shall form another district : the counties of Greenbrier, 
Monroe, Giles, and Montgomery, shall form another 
district: the counties of Tazewell, Wythe, and Grayson, 
shall form another district : the counties of Washington, 
Russell, Scott, and Lee, shall form another district ; the 
counties of Berkeley, Morgan, and Hampshire, shaL 
form another district : the counties of Frederick and Jef- 
ferson shall form another district ; the counties of She- 

12 



134 CONSTITUTION OF VIRGINIA. 

nandoah and Hardy shall form another district : the coun^ 
ties of Rockingham and Pendleton shall form another 
district: the counties of Augusta and Rockbridge shall 
form another district: the counties of Alleghany, Bath, 
Pocahontas, and Botetourt, shall form another district: 
the counties of Loudoun and Fairfax shall form another 
district: the counties of Fauquier and Prince William 
shall form another district : tlie counties of Stafford, King 
George, Westmoreland, Richmond, Lancaster, and North- 
umberland, shall form another district: the counties of 
Culpeper, Madison, and Orange, shall form another dis- 
trict: the counties of Albemarle, Nelson, and Amherst, 
shall form another district: the counties of Fluvanna, 
Goochland, Louisa, and Hanover, shall form another dis- 
trict: the counties of Spottsylvania, Caroline, and Essex, 
shall form another district: the counties of King and 
Queen, King William, Gloucester, Matthews, and Mid- 
dlesex, shall form another district : the counties of Acco- 
mack, Northampton, Elizabeth City, York, and War- 
wick, and the city of Williamsburg, shall form ano- 
ther district: the counties of Charles City, James City, 
New Kent, and Henrico, and the city of Richmond, shall 
form another district : the counties of Bedford and Frank- 
lin shall form another district : the counties of Bucking- 
ham, Campbell, and Cumberland, shall form another 
district: the counties of Patrick, Henry, and Pittsylva- 
nia, shall form another district : the counties of Halifax, 
and Mecklenburg shall form another district : the coun- 
ties of Charlotte, Lunenburg, Nottoway, and Prince Ed- 
ward, shall form another district : the counties of Amelia, 
Powhattan, and Chesterfield, and the town of Petersburg, 
sliall form another district: the counties of Brunswick, 
Dinwiddle, and Greenesville, shall form another district : 
the counties of the Isle of Wight, Prince George, South- 
ampton, Surry, and Sussex, shall form another district : 
and the counties of Norfolk, Nansemond, and Princess 
Anne, and the borough of Norfolk, shall form another 
district. 

4. It shall be the duty of the legislature, to re-apportion, 
once in ten years, to wit: in the year 1841, and every 
ten years thereafter, the representation of the counties, 
cities, towns, and boroughs, of this coramonvvealth, in 



CONSTITUTION OF VIRGINIA. 135 

both of the legislative bodies : Provided, however, that 
the number of delegates from the aforesaid great districts, 
and the number of senators from the aforesaid two great 
divisions, respectively, shall neither be increased nor di- 
minished by such re-apportionment. And when a new 
county shall hereafter be created, or any city, town, or 
borough, not now entitled to separate representation in 
the House of Delegates, shall have so increased in popu- 
lation as to be entitled, in the opinion of the general As- 
sembly, to such representation, it shall be the duty of the 
general Assembly to make provision by law for securing 
to the people of such new county, or such city, town, or 
borough, an adequate representation. And if the object 
cannot otherwise be effected, it shall be competent to the 
general Assembly to re-apportion the whole representa- 
tion of the great district containing such new county, or 
such city, town, or borough, within its limits ; which re- 
apportionment shall continue in force till the next regular 
decennial re-apportionment. 

5. The general Assembly, after the year 1841, and at 
intervals thereafter of not less than ten years, shall have 
authority, two-thirds of each House concurring, to make 
re-apportionments of delegates and senators, throughoutthe 
commonwealth, so that the number of delegates shall not 
at any time exceed 150, nor of senators 36. 

6. The whole number of members to which the State 
may at any time be entided in the House of Representa- 
tives of the United States, shall be apportioned as nearly 
as may be, amongst the several counties, cities, bo- 
roughs, and towns of the State, according to their respec- 
tive numbers, which shall be determined by adding to the 
whole number of persons, including those bound to ser- 
vi::3 for a term of years, and excluding Indians not taxed, 
three-fifths of all other persons. 

7. Any person may be elected a senator who shall have 
attained to the age of thirty years, and shall be actually a 
resident and freeholder within the district, qualified by 
virtue of his freehold to vote for members of the general 
Assembly according to this Constitution. And any per- 
son may be elected a member of the House of Delegates, 
who shall have attained the age of twenty-five years^ and 



136 CONSTITUTION OF VIRGINIA. 

shall be actually a resident and freeholder within the 
county, city, town, borough, or election district, qualified 
by virtue of his freehold to vote for members of the gene- 
ral Assembly according to this Constitution : Provided, 
that all persons holding lucrative offices, and ministers of 
the gospel, and priests of every denomination, shall be inca- 
pable of being elected members of either House of As- 
sembly. 

8. The members of the Assembly shall receive for 
their services a compensation to be ascertained by law, 
and paid out of the public treasury : but no law increas- 
ing the compensation of the members shall take effect un- 
til the end of the next annual session after such law shall 
have been enacted. And no senator or delegate shall, 
during the term for which he shall have been elected, 'be 
appointed to any civil office of profit under the common- 
wealth, which shall have been created, or the emoluments 
of which shall have been increased, during such term, 
except such offices as may be filled by elections by the 
people. 

9. The general Assembly shall meet once or oftener 
every year. Neither House, during the session of the 
legislature, shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place 
than that in which the two Houses shall be sitting. 
A majority of each House shall constitute a quorum to 
do business; but a smaller number may adjourn from 
day to day, and shall be authorized to compel the at- 
tendance of absent members, in such manner and under 
such penalties as each House may provide. And each 
House shall choose its own speaker, appoint its own 
ofl5cers, settle its own rules of proceeding, and di- 
rect writs of election for supplying intermediate vacancies. 
But if vacancies shall occur by death or resignation, du- 
ring the recess of the general Assembly, such writs may 
be issued by the Governor, under such regulations as 
may be prescribed by law. Each House shall judge of 
the election, qualification, and returns of its members ; 
may punish its members for disorderly behavior, and, 
with the concurrence of two-thirds, expel a member, but 
not a second time for the same offence. 



CONSTITUTION OF VIRGINIA. 137 

10. All laws shall originate in the House of Delegates, 
to be approved or rejected by the Senate, or to be 
amended with the consent of the House of Delegates. 

11. The privilege of the writ of habeas corpus shall 
not in any case be suspended. The legislature shall not 
pass any bill of attainder ; or any ex post facto law ; or 
any law impairing the obligation of contracts ; or any law 
whereby private property shall be taken for public uses, 
without just compensation : or any law abridging the 
freedom of speech or of the press. No man shall be 
compelled to frequent or support any religious worship, 
place, or ministry whatsoever; nor shall any man be en- 
forced, restrained, molested, or burthened in his body or 
goods, or otherwise suffer, on account of his religious 
opinions or belief ; but all men shall be free to profess, 
and by argument, to maintain, their opinions in matters of 
religion, and the same shall in no wise affect, diminish or 
enlarge their civil capacities. And the legislature shall 
not prescribe any religious test whatever ; nor confer any 
peculiar privileges or advantages on any one sect or de- 
nomination ; nor pass any law requiring or authorizing 
any religious society, or the people of any district within 
this commonwealth, to levy on themselves or others any 
tax for the erection or repair of any house for public wor- 
ship, or for the support of any church or ministry ; but 
it shall be left free to every person to select his religious 
instructor, and make for his support such private contract 
as he shall please. 

12. The legislature may provide by law that no per- 
son shall be capable of holding or being elected to any 
post of profit, trust, or emolument, civil or military, le- 
gislative, executive, or judicial, under the government of 
this commonwealth, who shall hereafter fight a duel, or 
send or accept a challenge to fight a duel, the probable 
issue of wkich may be the death of the challenger or 
challenged, or who shall be a second to either party, or 
shall in any manner aid or assist in such duel, or shall be 
knowingly the bearer of such challenge or accepta.nce ; 
but no person shall be so disqualified by reason of his ha- 
ving heretofore fought such duel, or sent or accepted such 
challenge, or been a second in such duel, or bearer of such 
challenge or acceptance. 13* 



138 CONSTITUTION OF VIRGINIA. 

13. The Governor, the judges of the court of appeals 
and superior courts, and all others offending- against the 
State, either by maladministration, corruption, neglect of 
duty, or any other high crime or misdemeanor, shall be 
impeachable by the House of Delegates ; such impeach- 
ment to be prosecuted before the Senate, which shall have 
the sole power to try all impeacjiments. When sitting 
for that purpose, the Senate shall be on oath or affirma- 
tion : and no person shall be convicted without the con- 
currence of two-thirds of the members present. Judg- 
ment, in cases of impeachment, shall not extend further 
than to removal from office, and disqualification to hold 
and enjoy any office of honor, trust, or profit under the 
commonwealth ; but the party convicted shall neverthe- 
less be liable and subject to indictment, trial, judgment, 
and punishment according to law. 

14. Every white male citizen of the commonwealth, 
resident therein, aged twenty-one years and upwards, be- 
ing qualified to exercise the right of suffrage according 
to the former Constitution and laws ; and every such 
citizen, being possessed, or whose tenant for years, at 
will or at sufferance, is possessed, of an estate or freehold 
in land of the value of twenty-five dollars, and so assessed 
to be if any assessment thereof be required by law ; and 
every such citizen, being possessed as tenant in common, 
joint tenant or partner, of an interest in or share of land, 
and having an estate of freehold therein, such interest or 
share being of the value of twenty-five dollars, and so as- 
sessed to be if any assessment thereof be required bylaw; 
and every such citizen being entitled to a reversion or 
vested remainder in fee, expectant on an estate for life or 
lives, in land of the value of fifty dollars, and so assessed 
to be if any assessment thereof be required by law ; (each 
and every such citizen, unless his title shall have come to 
him by descent, devise, marriage, or marriage settlement, 
having been so possessed or entitled for six months ;)and 
every such citizen, who shall own and be himself in 
actual occupation of a lease-hold estate, with the evidence 
of title recorded two months before he shall offer to vote, 
of a term originally not less than five years, of the annu- 
al value or rent of twenty dollars ; and every such citi- 



CONSTITUTION OF VIRGINIA. 139 

zen, who for twelve months next preceding has b-een a 
housekeeper and head of a family within the county, city, 
town, borough, or election district where he may offer to 
vote, and shall have been assessed with a part of the re- 
venue of the commonwealth within the preceding year, 
and actually paid the same — and no other persons — shall 
be q-ualified to vote for memjpers of the general Assembly, 
in the county, city, town, or borough, respectively, 
wher(iin such land shall lie, or such housekeeper and head 
of a family shall live. And in case of two or more ten- 
ants in common, joint tenants, or parceners, in posses- 
sion, reversion, or remainder, having interest in land, the 
value whereof shall be insufficient to entitle them all to 
vote, they shall together have as many votes as the value 
of the land shall entitle them to ; and the legislature shall 
by law provide the mode in which their vote or votes 
shall in such case be given : Provided, nevertheless, that the 
right of suffrage shall not be exercised by any person of 
unsound mind, or who shall be a pauper, or a non-com- 
missioned officer, soldier, seaman, or marine, in the ser- 
vice of the United States, or by any person convicted of 
any infamous offence. 

15. In all elections in this commonwealth to any office 
or place of trust, honor, or profit, the votes shall be given 
openly, or viva voce^ and not by ballot. 

Article 4. 

1. The chief executive power of this commonwealth 
shall be vested in a Governor, to be elected by the joint 
vote of the two Houses of the general Assembly. He 
shall hold his office during the term of three years, to 
commence on the first day of January next succeeding 
his election, or on such other day as may from time to 
time be prescribed by law ; and he shall be ineligible to 
that office for three years next after his term of service 
shall have expired. 

2. No person shall be eligible to the office of Gover- 
nor, unless he shall have attained the age of thirty years, 
shall be a native citizen of the United States, or shall 
have been a citizen thereof at the adoption of the federal 



110 CONSTITUTION^ OF VIRGINIA. 

Constitution, and shall have been a citizen of this com- 
monwealth for five years next preceding his election. 

3. The Governor shall receive for his services a com- 
pensation to be tixed by law, which shall be neither in- 
creased nor diminished dnring his continuance in office. 

4. He shall take care that the laws be faithfully execu- 
ted, shall communicate to theJegislature, at every session, 
the condition of the commonwealth, and recommend to 
their consideration such measures as he may deem expe- 
dient. He shall be commander-in-chief of the land and 
naval forces of the State. He shall have power to em- 
body the militia, when, in his opinion, the public safety 
shall require it ; to convene the legislature, on application of 
a majority of the members of the House of Delegates, or 
when, in his opinion, the interest of the commonwealth may 
require it; to grant reprieves and pardons, except where the 
prosecution shall have been carried on by the House of 
Delegates, or the law shall otherwise particularly direct: 
to conduct, either in person or in such manner as shall be 
prescribed by law, all intercourse with other and foreign 
states ; and during the recess of the legislature, to fill, 
pro tempore, all vacancies in those offices, which it may 
be the duty of the legislature to fill permanently : Pro- 
vided, that his appointments to such vacancies shall be 
by commissions to expire at the end of the next succeed- 
ing session of the general Assembly. 

5. There shall be a Council of State, to consist of three 
members, any one or more of whom may act. They 
shall be elected by joint vote of both Houses of the gene- 
ral Assembly, and remain in office three years. But of 
those first elected, one, to be designated by lot, shall re- 
main in office one year only, and one other, to be desig- 
nated in like manner, shall remain in office for two years 
only. Vacancies occurring by expiration of the term of 
service, or otherwise, shall be supplied by elections made 
in like manner. The Governor shall, before he exer- 
cises any discretionary power conferred on him by the 
Constitution and laws, require the advice of the Council 
of State, which advice shall be registered in books kept 
for that purpose, signed by the members present and con- 
senting thereto, and laid before the general Assembly 



CONSTITUTION OF VIRGINIA. 141 

when called for by them. The council shall appoint their 
own clerk, who shall take an oath to keep secret such 
matters as he shall be ordered by the board to conceal. 
The senior counsellor shall be Lieutenant-Governor, and 
in case of the death, resignation, inability, or absence of 
the Governor from the seat of government, shall act as 
Governor. 

6. The manner of appointing militia officers shall be 
provided for by law ; but no officer below the rank of a 
brigadier-general shall be appointed by the general As- 
sembly. 

7. Commissions and grants shall run in the name of 
the commonwealth of Virginia, and bear teste by the Go- 
vernor, with the seal of the commonwealth annexed. 

Article 5. 

1. The judicial power, shall be vested in a supreme 
court of appeals, in such superior courts as the legislature 
may from time to time ordain and establish, and the 
judges thereof, in the county courts, and in justices of 
the peace. The legislature may also vest such jurisdic- 
tion as shall be deemed necessary in corporation courts ; 
and in the magistrates who may belong to the corporate 
body. The jurisdiction of these tribunals, and of the 
judges thereof, shall be regulated by law. The judges 
of the supreme court of appeals and of the superior 
courts, shall hold their offices during good behavior, or 
until removed in the manner prescribed in this Constitu- 
tion ; and shall, at the same time, hold no other office, 
appointment, or public trust ; and the acceptance thereof 
by either of them shall vacate his judicial office. 

2. No law abolishing any court shall be construed to 
deprive a judge thereof of his office, unless two-thirds of 
the members of each House present concur in the passing 
thereof; but the legislature may assign other judicial du- 
ties to the judges of courts abolished by any law enacted 
by less than two-thirds of the members of each House 
present. 

3. The present judges of the supreme court of appeals, 
of the general court, and of the supreme courts of chance^ 



142 C0NSTlTUT10x\ OF VIRGINIA. 

ry, shall remain in office until the termination of the ses- 
sion of the first legislature elected under this Constitution, 
and no longer. 

4. The judges of the supreme court of appeals and of 
the superior courts shall be elected by the joint vote of 
both Houses of the general Assembly. 

5. The judges of the supreme court of appeals and of 
the superior courts shall receive fixed and adequate sala- 
ries, which shall not be diminished during their continu- 
ance in office. 

6. Judges may be removed from office by a concurrent 
vote of both Houses of the general Assembly ; but two- 
thirds of the members present must concur in such vote, 
and the cause of removal shall be entered on the journals 
of each. The judge against whom the legislature may be 
about to proceed, shall receive notice thereof, accompa- 
nied with a copy of the causes alleged for his removal, at 
least twenty days before the day on which either House 
of the general Assembly shall act thereupon. 

7. On the creation of any new county, justices of the 
peace shall be appointed, in the first instance, in such 
manner as may be prescribed by law. When vacancies 
shall occur in any county, or it shall, for any cause, be 
deemed necessary to increase the number, appointments 
shall be made by the Governor, on the recommendation 
of the respective county courts. 

8. The attorney-general shall be appointed by joint 
vote of the two Houses of the general Assembly, and 
commissioned by the Governor, and shall hold his office 
during the pleasure of the general Assembly. The clerks 
of the several courts, when vacancies shall occur, shall 
be appointed by their respective courts, and the tenure 
of office, as well of those now in office as of those who 
may be hereafter appointed, shall be prescribed by law 
The sherifls and coroners shall be nominated by the re- 
spective county courts, and when approved by the Go- 
vernor, shall be commissioned by him. The judges shall 
appoint constables. And all fees of the aforesaid officers, 
shall be regulated by law. 

9. Writs shall run in the name of the commonwealth 
of Virginia, and bear teste by the clerks of the several 



CONSTITUTION OF SOUTH CAROLINA. 143 

courts. Indictments shall conclude, against the peace and 
dignity of ihe commonwealth. 

Article 6. 
A treasurer shall be appointed annually by joint vote 
of both Houses. 

Article 7. 
The executive department of the government shall re- 
main as at present organized, and the Governor and privy 
counsellors shall continue in office, until a Governor, 
elected under this Constitution, shall come into office : 
and all other persons in office when this Constitution shall 
be adopted, except as is herein otherwise expressly directed, 
shall continue in office, till successors shall be appointed, 
or the law shall otherwise provide; and all the courts ofjus- 
tice now existing shall continue with their present juris- 
diction, until and except so far as thejudicial system may 
or shall be hereafter otherwise organized by the legislature. 
Done in convention, in the city of Richmond, on the 
fifteenth day of January, in the year of our Lord one 
thousand eight hundred and thirty, and in the fifty- 
fourth year of the independence of the United States 
of America. 

PHILIP P. BARBOUR, 
President of the Convention. 
D. Briggs, Secretary of the Convention. 



CONSTITUTION OF SOUTH CAROLINA. 

Article 1. 

Sec. 1. The legislative authority of this state shall be vest- 
ed in a general assembly, which shall consist of a Senate 
and House of Representatives. 

2. The House of Representatives shall be composed of 
members chosen by ballot, every second year, by the 
citizens of this State, qualified as in this Constitution is 
provided. 



144 CONSTITUTION OF SOUTH CAROLINA. 

3. The several election districts in this State shall elect 
the following number of representatives, viz.: 

Charleston, including St. Philip and St. Michael, fifteen 
members; Christ Church, three members; St. John, 
Berkely, three members ; St. Andrew, three members ; 
St. George, Dorchester, three members ; St. James, 
Goose Creek, three members ; St. Thomas and St. Den- 
nis, three members ; St. Paul, three members ; St. Bar- 
tholomew, three members ; St. James, Santee, three 
members ; St. John, Colleton, three members ; St. Ste- 
phen, three members ; St. Helena, three members ; St. 
Luke, three members ; Prince William, three members ; 
St. Peter, three members; All Saints, (including its ancient 
boundaries,) one member . Winyaw, (not including any 
part of All Saints,) three members ; Kingston, (not inclu- 
ding any part of All Saints,) two members ; Williamsburgh, 
two members ; Liberty, two members ; Marlborough, 
two members ; Chesterfield, two members ; Darlington, 
two members ; York, three members ; Chester, two 
members ; Fairfield, two members ; Richland, two mem- 
bers ; Lancaster, two members ; Kershaw, two members; 
Claremont, two members ; Clarendon, two members ; 
Abbeville, three members ; Edgefield, three members ; 
Newberry, (including the fork between Broad and Salu- 
da rivers,) three members ; Laurens, three members ; 
Union, two members ; Spartan, two members ; Green- 
ville, two members ; Pendleton, three members ; St. 
Matthew, two members ; Orange, two members ; Win- 
ton, (including the district between Savannah river, and 
the north fork of Edisto, three members ; Saxe Gotha, 
three members. 

4. Every free white man, of the age of twenty-one 
years, being a citizen of this State, and having resided 
therein two years previous to the day of election, and 
who hath a freehold of fifty acres of land, or a town lot, 
of which he hath been legally seized and possessed, at 
least six months before such election, or, not having such 
freehold or town lot, hath been a resident in the election 
district, in which he offers to give his vote, six months 



CONSTITUTION OF SOUTH CAROLINA. 145 

before the said election, and hath paid a tax the preceding 
year of three shillings sterling towards the support of this 
government, shall have a right to vote for a member or 
members, to serve in either branch of the legislature, 
for the election district in which he holds such property, 
or is so resident. 

5. The returning officer, or any other person present, 
entitled to vote, may require any person who shall offer 
his vote at an election, to produce a certificate of his citi- 
zenship, and a receipt from the tax collector of his having 
paid a tax, entiding him to vote, or to swear, or affirm, 
that he is duly qualified to vote agreeably to this Con- 
stitution. 

6. No person shall be eligible to a seat in the House 
of Representatives, unless he is a free white man, of the 
age of twenty-one years, and hath been a citizen and 
resident in this State three years previous to his election. 
If a resident in the election district, he shall not be eli- 
gible to a seat in the House of Representatives, unless 
he be legally seized and possessed, in his own right, of 
a settled freehold estate of five hundred acres of land, and 
ten negroes ; or of a real estate, of the value of one hun- 
dred and fifty pounds sterling, clear of debt. If a non- 
resident, he shall be legally seized and possessed of a 
settled freehold estate therein^ of the value of five hun- 
dred pounds sterling, clear of debt. 

7. The Senate shall be composed of members to be 
chosen for four yea~s, in the following proportions, by 
the citizens of this State, qualified to elect members to 
the House of Representatives, at the same time, in the 
same manner, and at the same places, where they shall 
vote for representatives, viz.: 

Charleston, (including St. Philip and St. Michael,) 

two members; Christ church, one member; St. John, 

Berkeley, one member ; St. Andrew, one member ; St. 

George, one member; St. James, Goose Creek, one 

member; St. Thomas and St. Dennis, one member; St. 

Paul, one member ; St. Bartholomew, one member ; St. 

James, Santee, one member ; St. John, Colleton, one 

member; St. Stephens, one member; St. Helena, one 
13 



140 CONSTlTLTIOiN OF SOUTH CAROLLNA. 

member; St. Luke, one member; Prince William, one 
member; St. Peter, one member; All Saints, one mem- 
ber; Winy;r.v and Williamsburgh, one member; Liberty 
and Kingston one member; Marlborough, Chesterfield, 
and Darlington, two members ; York, one member ; Fair- 
field, Richland and Chester, one member; Lancaster and 
Kershaw, one member ; Clareraont and Clarendon, one 
member; Abbeville, one member; Edgefield, one mem- 
ber ; Newbury, (including the fork between Broad and 
Saluda rivers,) one member ; Laurens, one member ; 
Union, one member ; Spartan, one member ; Greenville, 
one member; Pendleton, one member; St. Matthew and 
Orange, one member ; Winton, (including the district be- 
tween Savannah river and the north fork of Edisto,) one 
member ; Saxe Gotha, one member. 

8. No person shall be eligible to a seat in the Senate, 
unless he is a free white man, of the age of thirty years, 
and hath been a citizen and resident in this State for five 
years previous to his election. If a resident in the elec- 
tion district, he shall not be eligible unless he be legally 
seized and possessed, in his own right, of a settled free- 
hold estate of the value of three hundred pounds sterling, 
clear of debt. If a non-resident in the election district, 
he shall not be eligible unless he be legally seized and 
possessed, in his own riglit, of a settled freehold estate, 
in the said district, of the value of one thousand pounds 
sterling, clear of debt. 

9. Immediately after the senators shall be assembled, 
in consequence of the first election, they shall be divided 
by lot into two classes. The seats of the senators of the 
first class shall be vacated at the expiration of the second 
year, and of the second class, at the end of the fourth 
year ; so that one-half thereof, as near as possible, may 
be chosen, for ever thereafter, every second year, for the 
term of four years. 

10. Senators and members of the House of Represen- 
tatives, shall be chosen on the second Monday in Octo- 
ber next, and the day following : and on the same days 
in every second year thereafter, in such manner, and at 
such times, as are herein directed ; and shall meet on the 



CONSTITUTION OF SOUTH CAROLINA. 147 

fourth Monday in November annually, at Columbia; 
(which shall remain the seat of government until other- 
wise determined, by the concurrence of two-thirds of 
both branches of the whole representation,) unless the 
casualties of war, or contagious disorders should render 
it unsafe to meet there ; in either of which cases, the 
Governor or commander-in-chief for the time being, may, 
by proclamation, appoint a more secure and convenient 
place of meeting. 

11. Each House shall judge of the elections, returns, 
and qualifications of its own members ; and a majority of 
each House shall constitute a quorum to do business : but 
a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent mem- 
bers, in such manner and under such penalties as may be 
provided by law. 

12. Each House shall choose by ballot its own officers, 
determine its rules of proceedings, punish its members 
for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member, but not a second time for the 
same cause. 

13. Each House may punish, by imprisonment, during 
sitting, any person, not a member, who shall be guilty of 
disrespect to the House, by any disorderly or contemptu- 
ous behavior in its presence — or who, during the time of 
its sitting, shall threaten harm to body or estate of any 
member, for any thing said or done in either House ; or 
who shall assault any of them therefor ; or who shall as- 
sault or arrest any witness or other person ordered to at- 
tend the House, in his going to or returning therefrom ; 
or who shall rescue any person arrested by order of the 
House, 

14. The members of both Houses shall be protected in 
their persons and estates, during their attendance on, go- 
ing to, and returning from the legislature, and ten days 
previous to their sitting, and ten days after the adjourn- 
ment of the legislature. But these privileges shall not be 
extended so as to protect any member who shall be 
charged with treason, felony, or breach of the peace. 

15. Bills for raising a revenue shall originate in the 



148 CONSTITUTION OF SOUTH CAROLINA. 

House of Representatives, but may be altered, amended, 
or rejected by the Senate. 

All other bills may originate in either House, and may 
be amended, altered, or rejected by the other. 

16. No bill or ordinance shall have the force of law, 
until it shall have been read three times, and on three se- 
veral days, in each House, has had the great seal affixed 
to it, and has been signed, in the Senate-House, by the 
President of the Senate and Speakerof the House of Repre- 
sentatives. 

17. No money shall be drawn out of the public trea- 
sury, but by the legislative authority of the State. 

18. The members of the legislature, who shall assem- 
ble under this Constitution, shall be entitled to receive 
out of the public treasury, as a compensation for their ex- 
penses, a sum not exceeding seven shillings sterling a 
day, during their attendance on, going to, and returning 
from the legislature : but the same may be increased or 
diminished by law, if circumstances shall require ; but 
no alterations shall be made by any legislature, to take 
effect during the existence of the legislature which shall 
make such alteration. 

19. Neither House shall, during their session, without 
the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two Houses 
shall be sitting. 

20. No bill or ordinance, which shall have been reject- 
ed by either House shall be brought in again during the 
sitting, without leave of the House, and notice of six days 
being previously given. 

2 1 . No person shall be eligible to a seat in the legislature 
whilst he holds any office of profit or trust under this 
State, the United States, or either of them, or under any 
other power — except officers in the militia, army, or 
navy of this State, justices of the peace, or justices of the 
county courts, while they receive no salaries ; nor shall 
any contractor of the army or navy of this State, the 
United States, or either of them, or the agents of such 
contractor, be eligible to a seat in either House. And if 
any member shall accept or exercise any of said disquali 
fying officers, he shall vacate his seat. 



CONSTITUTION OF SOUTH CAROLINA. 149 

22. If any election district shall neglect to choose a 
member or members, on the days of election, or if any 
person chosen a member of either House shall refuse to 
qualify and take his seat, or should die, depart the State, 
or accept any disqualifying office, a writ of election shall 
be issued by the President of the Senate, or Speaker of 
the House of Representatives, as the case may be, for the 
purpose of filling up the vacancy thereby occasioned, for 
the remainder of the term for which the person so refusing 
to qualify, dying, departing the State, or accepting a dis- 
qualifying office, was elected to serve. 

23. And whereas the ministers of the gospel are, by 
their profession, dedicated to the service of God, and the 
care of souls, and ought not to be diverted from the great 
duty of their functions : therefore, no minister of the gos- 
pel, or public preacher, of any religious persuasion, whilst 
he continues in the exercise of his pastoral functions, shall 
be eligible to the office of Governor, Lieutenant-Governor, 
or a seat in the Senate or House of Representatives. 

Article 2. 

Sec. 1. The executive authority of this state shall be in- 
vested in a Governor, to be chosen in manner following : as 
soon as may be, after the first meeting of the Senate and 
House of Representatives and at every first meeting of the 
House of Representatives thereafter, when a majority of 
both Houses shall be present, the Senate and House 
of Representatives, shall, jointly, in the House of Repre- 
sentatives, choose, by ballot, a Governor, to continue for 
two years, and until a new election shall be made. 

2. No person shall be eligible to the office of Governor, 
unless he hath attained the age of thirty years, and hath 
resided within this State, and been a citizen thereof, ten 
years, and unless he be seized and possessed of a settled 
estate within the same, in his own right, of the value of 
fifteen hundred pounds sterling, clear of debt. 

No person, having served two years as Governor, shall 
be re-eligible to that office, till after the expiration of four 
years. 

No person shall hold the office of Governor, or any 
other office or commission, civil or military, except in the 
13* 



150 CONSTITUTIOIV OF SOUTH CAROLINA. 

militia, either in this State, or under any State, or the 
United States, or in any other power, at one and the 
same time. 

3. A Lieutenant-Governor shall be chosen at the same 
time, in the same manner, continue in office for the same 
period, and be possessed of the same qualifications as the 
Governor. 

4. A member of the Senate or House of Representa- 
tives, being chosen, and acting as Governor or Lieutenant- 
Governor, shall vacate his seat, and another person shall 
be elected in his stead. 

5. In case of the impeachment of the Governor, or his 
removal from office, death, resignation, or absence from 
the State, the Lieutenant-Governor shall succeed to his 
office. And in case of the impeachment of the Lieute- 
nant-Governor, or his removal from office, death, resigna- 
tion, or absence from the State, the President of the Senate 
shall succeed to his office, till a nomination to those offices 
respectively shall be made by the Senate and House of 
Representatives, for the remainder of the time for which 
the officer so impeached, removed from office, dying, re- 
signing, or being absent, was elected. 

6. The' Governor shall be commander-in-chief of the 
army and navy of this State, and of the militia, except 
when they shall be called into the actual service of the 
United States. 

7. He shall have power to grant reprieves and pardons, 
after conviction, except in cases of impeachment, in such 
manner, on such terms, and under restrictions, as he 
shall think proper, and he shall have power to remit 
fines and forfeitures, unless otherwise directed by 
law. 

8. He shall take care that the laws be faithfully exe- 
cuted in mercy. 

9. He shall have power to prohibit the exportation of 
provision, for any time not exceeding thirty days. 

10. He shall at stated times, receive for his services a 
compensation, which shall neither be increased or di- 
minished during the period for which he shall have been 
elected. 



CONSTITUTION OF SOUTH CAROLINA. 151 

11. All officers in the executive department, when re- 
quired by the Governor, shall give him information, in 
writing, upon any subject relating to the duties of their 
respective offices. 

12. The Governor shall from time to time, give to the 
general Assembly information of the condition of the 
State, and recommend to their consideration such mea- 
sures as he shall judge necessary or expedient. 

13. He may, on extraordinary occasions, convene the 
general Assembly, and, in case of disagreement between 
the two Houses with respect to the time of adjournment, 
adjourn them to such time as he shall think proper, not 
beyond the fourth Monday in the month of November 
then ensuing. 

Article 3. 

Sec. 1. The judicial power shall be vested in such su- 
perior and inferior courts of law and equity, as the legis- 
lature shall, from time to time, direct and establish. 

The judges of each shall hold their commissions du- 
ring good behavior; and judges -of the superior courts 
shall, at stated times, receive a compensation for their 
services, which shall neither be increased or diminished 
during their continuance in office : but they shall receive 
no fees or perquisites of office, nor hold any other office 
of profit or trust, under this State, the United States, or 
any other power. 

2. The style of all processes shall be, *' the State of 
South Carolina.'" All prosecutions shall be carried on in 
the name and by the authority of the State of South Car- 
olina, and conclude — " against the peace and dignity of 
the same.'''' 

Article 4. 
All persons who shall be chosen or appointed to any 
office of profit or trust, before entering on the execution 
thereof, shall take the following oath : " I do swear (or 
affirm) that I am duly qualified, according to the Consti- 
tution of this State, to exercise the office to which I have 
been appointed, and will, to the best of my abilities, dis- 



152 CONSTITUTION OF SOUTH CAROLINA. 

charge the duties thereof, and preserve, protect, and de- 
fend the Constitution of this State, and of the United 
States." 

Article 5. 
Sec. 1. That the House of Representatives shall have 
the sole power of impeaching ; but no impeachment shall 
be made, unless with the concurrence of two-thirds of 
the House of Representatives. 

2. All impeachments shall be tried by the Senate. 
When sitting for that purpose, the senators shall be on 
oath or affirmation : and no person shall be convicted 
without the concurrence of two-thirds of the members 
present. 

3. The Governor, Lieutenant-Governor, and all the 
civil officers, shall be liable to impeachment for any mis- 
demeanor in office ; but judgment in such cases shall not 
extend further than to a removal from office, and dis- 
qualification to hold any office of honor, trust, or profit, 
under this State. The party convicted shall, neverthe- 
less, be liable to indictment, trial, judgment, and punish- 
ment, according to law. 

Article 6. 
Sec. 1. The judges of the superior courts, the com- 
missioners of the treasury, secretary of the State, and sur- 
veyor-general, shall be elected by the joint ballot of both 
Houses, in the House of Representatives. The commis- 
sioners of the treasury, secretary of this State, and sur- 
veyor-general, shall hold their offices for four years : but 
shall not be eligible again for four years after the expira- 
tion of the time for which they shall have been elected. 

2. All other officers shall be appointed as they hither- 
to have been, until otherwise directed by law ; but she- 
riffs shall hold their offices for four years, and not be 
again eligible for four years after the ter*m for which they 
shall have been elected. 

3. All commissions shall be in the name and by the au- 
thority of the State of South Carolina, and be sealed with 
the seal of the State, and be signed by the Governor. 



CONSTITUTION OF SOUTH CAROLINA. 153 

Article 7. 
All laws in force in this State at the passing of this 
Constitution, shall so continue until altered or repealed 
by the legislature ; except where they are temporary, in 
which case they shall expire at times respectively limited 
for their duration, if not continued by .act of the legisla- 
ture. 

Article 8. 

Sec. 1. The free exercise and enjoyment of religious 
profession and worship, without discrimination or pre- 
ference, shall, for ever hereafter, be allowed within this 
State to all mankind : Provided, that the liberty of con- 
science thereby declared, shall not be so construed as to 
excuse acts of licentiousness, or justify practices inconsis- 
tent with the peace or safety of this State. 

2. The rights, privileges, immunities, and estates of 
both civil and religious societies and of corporated bodies, 
shall remain as if the Constitution of this State had not 
been altered or amended. 

Article 9. 
Sec. 1. All power is originally vested in the people ; 
and all free governments are founded on their authority, 
and are instituted for their peace, safety, and happiness. 

2. No freeman of this State shall be taken, or impri- 
soned, or disseized of his freehold, liberties, or privileges, 
or outlawed, or exiled, or in any manner destroyed, or 
deprived of his life, liberty, or property, but by the 
judgment of his peers, or by the law of the land : nor 
shall any bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts, ever be passed by the 
legislature of this State. 

3. The military shall be subordinate to the civil power. 

4. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted. 

5. The legislature shall not grant any title of nobility 
or hereditary distinction, nor create any office, the ap- 
pointment to which shall be for any longer time than du- 
ring good behavior. 



154 CONSTITUTION OF SOUTH CAROLINA. 

6. The trial by jury, as heretofore used in this State, 
and the liberty of the press, shall be for ever inviolably- 
preserved. 

Article 10. 
Sec. 1. The business of the treasury shall be in future 
conducted by two treasurers, one of whom shall hold his 
office and reside in Columbia ; and the other shall hold 
his office and reside in Charleston. 

2. The secretary of state and surveyor-general shall 
hold their offices both in Columbia and in Charleston. 
They shall reside at one place, and their deputies at the 
other. 

3. At the conclusion of the circuits, the judges shall 
meet and sit at Columbia, for the purpose of hearing and 
determining all motions which may be made for new 
trials, and in arrest of judgments, and such points of law 
as may be submitted to them. From Columbia they shall 
proceed to Charleston, and there hear and determine all 
such motions for new trials, and in arrest of judgment, 
and such points of law as may be submitted to them. 

4. The Governor shall always preside, during the sit- 
ting of the legislature, at the place where their sessions 
may be held, and at all other times, wherever, in his 
opinion, the public good may require. 

5. The legislature shall, as soon as may be convenient, 
pass laws for the abolition of the rights of primogenitures, 
and for giving an equitable distribution of the real estate 
of intestates. 

Article 11. 

No Convention of the people shall be called, unless by 
the concurrence of two-thirds of both branches of the 
whole representation. 

No part of this Constitution shall be altered, unless a bill 
to alter the same shall have been read three times in the 
House of Representatives, and three times in the Senate, 
and agreed to by two-thirds of both branches of the whole 
representation ; neither shall any alteration take place until 
the bill so agreed to be published three months previous 
to a new election for members to the House of Repre 



CONSTITUTION OF SOUTH CAROLINA. 155 

sentatives ; and if the alteration proposed by the legisla- 
ture shall be agreed to in their first session by two-thirds 
of the whole representation in both branches of the legis- 
lature, after the same shall have been read three times, 
on three several days in each House, then, and not other- 
wise, the same shall become a part of the Constitution. 
Done in Convention, at Columbia, in the State of 
South Carolina, the third day of June, in the year 
of our Lord 1790, and in the fourteenth year of the 
Independence of the United States of America. 

By the unanimous order of the Convention, 

CHARLES PINCKNEY, President. 



AMENDMENTS. 

Amendments ratified December 17, 1808* 

The following sections, in amendment of the third, 
seventh, and ninth sections of the first article of the Con- 
stitution of this State, shall be, and they are hereby de- 
clared to be, valid parts of the said Constitution ; and the 
said third, seventh, and ninth sections, or such parts 
thereof as are repugnant to such amendments, are hereby 
repealed and made void. 

The House of Representatives shall consist of one hun- 
dred and twenty-four members, to be apportioned among 
the several election districts of the State, according to the 
number of white inhabitants contained, and the amount 
of all taxes raised by the legislature, whether direct or in- 
direct, or of whatever species, paid in each, deducting 
tJierefrom all taxes paid on account of property held in 
any other district, and adding thereto all taxes elsewhere 
paid on account of property held in such district. An 
enumeration of the white inhabitants, for this purpose, 
shall be made in the year one thousand eight hun- 
dred and nine, and in the course of every tenth year 
thereafter, in such manner as shall be by law directed : 



■?& 



156 CONSTITUTION OF SOUTH CAROLINA. 

and representatives shall be assigned to the different dis- 
tricts in the above-mentioned proportion, by act of the 
legislature, at the session immediately succeeding the 
above enumeration. 

If the enumeration herein directed should not be made 
in the course of the year appointed for the purpose by 
these amendments, it shall be the duty of the Governor 
to have it effected as soon thereafter as shall be practica- 
ble. 

In assigning representatives to the several districts of 
the State, the legislature shall allow one representative for 
every sixty-second part of the whole number of white in- 
habitants in the State ; and one representative also for 
every sixty-second part of the whole taxes raised by the 
legislature of the State. The legislature shall further 
allow one representative for such fractions of the sixty- 
second part of the white inhabitants of the State, and of 
the sixty-second part of the taxes raised by the legisla- 
ture of the State, as, when added together, form a unit. 

In every apportionment of representation under these 
amendments, which shall take place after the first appor- 
tionment, the amount of taxes shall be estimated from the 
average of the ten preceding years ; but the first appor- 
tionment shall be founded upon the tax of the preceding 
year, excluding from the amount thereof the whole pro- 
duce of the tax on sales at public auction. 

If, in the apportionment of representatives under these 
amendments, any election district shall appear not to be 
entitled, from its population and its taxes, to a represen- 
tative, such election district shall, nevertheless, send one 
representative ; and, if there should still be a deficiency 
of the number of representatives required by these amend 
ments, such deficiency shall be supplied by assigning re- 
presentatives to those election districts having the largest 
surplus fractions ; whether those fractions consist of a 
combination of population and of taxes, or of population 
or of taxes separately, until the number of one hundred 
and twenty-four members be provided. 

No apportionment, under these amendments shall be 
construed to take effect, in any manner, antil the gene- 
ral election which shall succeed such apportionment. 



CONSTITUTION OF SOUTH CAROLINA. l57 

The election districts, for members of the House of 
Representatives, shall be and remain as heretofore esta- 
blished, except Saxe Gotha and Newberry ; in which the 
boimdaries shall be altered, as follows, viz. : That part 
of Lexington in the fork of "Broad and Saluda rivers, shall 
no longer compose a part of the election district of New- 
berry, but shall be henceforth attached to, and form a part 
of, Saxe Gotha. And, also, except Orange and Barn- 
well, or Winton, in which the boundaries shall be alter- 
ed, as follows, viz.; That part of Orange in the fork of 
Edisto shall no longer compose a part of the election dis- 
trict of Barnwell, or Winton, but shall be henceforth at- 
tached to, and form a part of. Orange election district. 

The Senate shall be composed of one member from 
each election district, as now established for the election 
of members of the House of Representatives, except the 
district formed by the parishes of St. Philip and St. Mi- 
chael, to which shall be allowed two senators as hereto- 
fore. 

The seats of those senators who under the Constitu- 
tion shall represent two or more election districts, on the 
day preceding the second Monday of October, which will 
be in the year one thousand eight hundred and ten, shall 
be vacated on that day, and the new senators who shall 
represent such districts under these amendments, shall, 
immediately after they shall have been assembled under 
fjie first election, be divided by lots into two classes ; the 
seats of the senators of the first class shall be vacated at 
the expiration of the second year, and of the second class, 
at the expiration of the fourth year ; and the number in 
these classes shall be so proportioned, that one-half of the 
whole number of senators may, as nearly as possible, 
continue to be chosen thereafter every second year. 

None of these amendments becoming parts of the Con- 
stitution of this State shall be altered, unless a bill to alter 
the same shall have been read on three several days in 
the House of Representatives, and on three several days 
in the Senate, and agreed to at the second and third read- 
ing by two-thirds of the whole representation in each 
branch of the legislature ; neither shall any alteration take 
place, until the bill so agreed to be published t'hree months 



158 CONSTITUTION OF OHIO. 

previous to a new election for members to the House of 
Representatives ; and if the alteration proposed by the 
legislature shall be agreed to in their first session, by two- 
thirds of the whole representation, in each branch of the 
legislature, after the same shall have been read on three 
several days in each House, then, and not otherwise, the 
same shall become a part of the Constitution. 

AMENDMENT RATIFIED DECEMBER 19, 1816. 

That the third section of the tenth article of the Con- 
stitution of this State be altered and amended to read as 
follows : The judges shall, at such times and places as 
shall be prescribed by act of the legislature of this State, 
meet and sit for the purpose of hearing and determining 
all motions which may be made for new trials, and in ar- 
rest of judgment, and such points of law as may be sub- 
mitted to them. 



CONSTITUTION OF OHIO. 

Article 1. 

Sec. 1. The legislative authority of this state shall be 
vested in a general Assembly, which shall consist of a 
Senate and House of Representatives, both to be elected 
by the people. 

2. Within one year after the first meeting of the gene- 
ral Assembly, and within every subsequent term of four 
years, an enumeration of all the white male inhabitants 
above twenty-one years of age shall be made, in such 
manner as shall be directed by law. The number of re- 
presentatives shall, at the several periods of making such 
enumeration, be fixed by the legislature, and apportioned 
among the several counties, according to the number of 
white male inhabitants of above twenty-one years of age 
in each ; and shall never be less than twenty-four nor 
greater than thirty-six, until the number of white male in- 
habitants of above twenty-one years of age shall be twen- 



CONSTITUTION OF OHIO. 159 

fy-two thousand ; and after that event, at such ratio that 
the whole number of representatives shall never be less 
than thirty-six, nor exceed seventy-two. 

3. The representatives shall be chosen annually, by 
the citizens of each county respectively, on the second 
Tuesday of October. 

4. No person shall be a representative who shall not 
have attained the age of twenty-five years, and be a citi- 
zen of the United States, and an inhabitant of this State ; 
shall also have resided within the limits of the county in 
which he shall be chosen, one year next preceding his 
election, unless he shallhavebeenabsenton the public busi- 
ness of the United States, or of this State, and shall have 
paid a state or county tax*. 

5.. The senators shaU be chosen biennially, by qualified 
voters for representatives ; and, on their being convened 
in consequence of the first election, they shall be divided 
by lot from their respective counties or districts, as near 
as can be, into two classes ; the seats of the senators of 
the first class shall be vacated at the expiration of the first 
year, and of the second class at the expiration of the se- 
cond year ; so that one-half thereof, as near as possible, 
may be chosen annually for ever thereafter. 

6. The number of senators shall, at the several periods 
of making the enumeration before mentioned, be fixed by 
the legislature and apportioned among the several counties 
or districts to be established by law, according to the 
number of white male inhabitants of the age of twenty- 
one years in each, and shall never be less than one-third 
nor more than one-half of the number of representatives. 

7. No person shall be a senator who has not arrived at 
the age rf thirty years, and is a citizen of the United 
States ; shall have resided two years in the district or^ 
county immediately preceding the election, unless he 
shall have been absent on the public business of the Uni- 
ted States, or of this State, and shall moreover have paid 
a state or county tax. 

8. The Senate and House of Representatives, when 
assembled, shall each choose a speaker 'and its other offi- 
cers, be judges of the qualifications and elections of its 
members, and sit upon its own adjournments ; two-thirds 



160 CONSTITUTION OF OHIO. 

of each House shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day, and 
compel the attendance of absent members. 

9. Each House shall keep a journal of its proceedings, 
and publish them. The yeas and nays of the members, 
on any question, shall, at the desire of any two of them, 
be entered on the journals. 

10. Any two members of either House shall have lib- 
erty to dissent from and protest against any act or reso- 
lution which they may think injurious to the public or 
any individual, and have the reasons of their dissent en- 
tered on the journals. 

11. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, and 
with the concurrence of two-thirds, expel a member, but 
not a second time for the same cause ; and shall have all 
other powers necessary for a branch of the legislature of 
a free and independent State. 

12. When vacancies happen in either House, the Go- 
vernor or the person exercising the power of the Gover- 
nor shall issue writs of election to fill such vacancies. 

13. Senators and representatives shall, in all cases, ex- 
cept treason, felony or breach of the peace, be privileged 
from arrest during the session of the General Assembly, 
and in going to and returning from the same ; and for any 
speech or debate, in either House, they shall not be ques- 
tioned in any other place. 

14. Each House may punish, by imprisonment, during 
their session, any person, not a member, who shall be 
guilty of disrespect to the House, by any disorderly or 
contemptuous behavior in their presence : provided such ' 
imprisonment shall not, at any one time, exceed twenty- 
four hours. 

15. The doors of each House, and of committees of 
the whole, shall be kept open, except in such cases as, in 
the opinion of the House, require secrecy. Neither 
House shall, without the consent of the other, adjourn for 
more than two days, nor to any other place than that in 
which the two Houses shall be sitting. 

16. Bills may originate in either House, but may be 
altered, amended, or rejected by the other. 



CONSTITUTION OF OHIO. 161 

17. Every bill shall be read on three different days, in 
each House, unless, in case of urgency, three-fourths of 
the House where such bill is so depending shall deem it ex- 
pedient to dispense with this rule; and every bill having 
passed both Houses, shall be signed by the speakers of 
their respective Houses. 

18. The style of the laws of this State shall be, " Be it 
enacted by the general Jissembly of the State of OhioJ'^ 

19. The legislature of this State shall not allow the fol- 
lowing officers of government greater annual salaries 
than as follows, until the year one thousand eight hun- 
dred and eight, to wit ; the Governor not more than one 
thousand dollars ; the judges of the supreme court not 
more than one thousand dollars each ; the presidents of the 
courts of common pleas not more than eight hundred dol- 
lars each ; the secretary of state not more than five hun- 
dred dollars ; the auditor of public accounts not more than 
seven hundred and fifty dollars ; the treasurer not more 
than four hundred and fifty dollars ; no member of the 
legislature shall receive more than two dollars per day 
during his attendance on the legislature, nor more for 
every twenty-five miles he shall travel in going to and re- 
turning from the general Assembly. 

20. No senator or representative shall, during the time 
for which he shall have been elected, be appointed to any 
civil office under this State, which shall have been crea- 
ted, or the emoluments of which shall have been increas- 
ed, during such time. 

21. No money shall be drawn from the treasury but 
in consequence of appropriations made by law. 

22. An accurate statement of the receipts and expendi- 
tures of the public moneys shall be attached to and pub- 
lished with the laws, annually. 

23. The House of Representatives shall have the sole 
power of impeaching, but a majority of all the members 
must concur in an impeachment. All impeachments shall 
be tried by the Senate, and when sitting for that purpose, 
they shall be on oath or affirmation to do justice accord- 
ing to law and evidence ; no person shall be convicted 
without the concurrence of two-thirds of all the senators. 

14* 



162 COxXSTITUTION OF OHIO. 

24. The Governor and all other civil officers under thid 
State shall be liable to impeachment for any misdemeanor 
m office ; but judgment, in such cases, shall not extend 
further than removal from office, and disqualification to 
hold any office of honor, profit, or trust, under this State. 
The party, whether convicted or acquitted, shall, never- 
theless, be liable to indictment, trial, judgment, and pun- 
ishment, according to law. 

25. The first session of the general Assembly shall 
commence on the first Tuesday of March next ; and for 
ever after the general Assembly shall meet on the first 
Monday in December in every year, and at no other pe- 
riod, unless directed by law, or provided for by this Con 
stitution. 

26. No judge of any court of law or equity, secretary 
of state, attorney-general, register, clerk of any court of 
record, sheriff or collector, member of either House of 
Congress, or person holding any lucrative office under 
the United States, or this State, provided that the ap- 
pointments in the militia, or justices of the peace, shall 
not be considered lucrative offices, shall be eligible as a 
candidate for, or have a seat in, the general Assembly. 

27. No person shall be appointed to any office within 
any county who shall not have been a citizen and inha- 
bitant therein, one year next before his appointment, if 
the county shall have been so long erected : but if the 
county shall not have been so long erected, then within 
the limits of the county or counties out of which it shall 
have been taken. 

28. No person who heretofore hath been, or hereafter 
may be, a collector or holder of the public moneys, shall 
have a seat in either House of the general Assembly, un- 
til such person shall have accounted for and paid into the 
treasury all sums for which he may be accountable or 
liable. 

Article 2. 

Sec. 1. The supreme executive power of this State shall 
be vested in a Governor. 

2. The Governor shall be chosen by the electors of 
the members of the general Assembly, on the second 



CONSTITUTION OF OHIO. 163 

Tuesday of October, at the same places and in the same 
manner that they shall respectively vote for members 
thereof. The returns of every election for Governor 
shall be sealed up and transmitted to the seat of govern- 
ment, by the returning officers, directed to the Speaker of 
the oenate, who shall open and publish them in the pre- 
sence of a majority of the members of each House of the 
general Assembly ; ihe person having the highest number 
of votes shall be Governor: but if two or more shall be 
equal and highest in votes, then one of them shall be cho- 
sen Governor by joint ballot of both Houses of the gene- 
ral Assembly. Contested elections for Governor shall be 
determined by both Houses of the general Assembly, in 
such manner as shall be prescribed by law. 

3. The first Governor shall hold his office until the 
first Monday of September, one thousand eight hundred 
and five, and until another Governor shall be elected and 
qualified to office ; and for ever after, the Governor shall 
hold his office for the term of two years, and until an- 
other Governor shall be elected and qualified ; but he 
shall not be eligible more than six years in any term of 
eight years. He shall be at least thirty years of age, and 
have been a citizen of the United States twelve years, 
and an inhabitant of this State four years next preceding 
his election. 

4. He shall, from time to time, give to the general As- 
sembly information of the state of the government, and 
recommend to their consideration such measures as he 
shall deem expedient. 

5. He shall have the power to grant reprieves and parr 
dons, after conviction, except in cases of impeachment. 

' 6. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the term for which he shall have 
been elected. 

7. He may require information, in writing, from the 
officers in the executive department, upon any subject re- 
lating to the duties of their respective offices, and shall 
lake care that the laws be faithfully executed. 

8 When an officer, the right of whose appointment is, 
by this Constitution, vested in the general Assembly. 



164 CONSTITUTION OF OHIO. 

snail, during the recess, die, or his office by any means 
become vacant, the Governor shall have power to fill such 
vacancy, by granting a commission, which shall expire 
at the end of the next session of the legislature. 

9. He may, on extraordinary occasions, convene the 
general Assembly by proclamation, and shall state to 
them, when assembled, the purpose for which they shall 
have been convened. 

10. He shall be commander-in-chief of the army and 
navy of this State, and of the militia, except when they 
shall be called into the service of the United States. 

11. In cases of disagreement between the two Houses, 
with respect to the time of adjournment, the Governor 
shall have the power to adjourn the general Assembly to 
such time as he thinks proper, provided it be not a period 
beyond the annual meeting of the legislature. 

12. In case of the death, impeachment, resignation, or 
the removal of the Governor from office, the Speaker of 
the Senate, shall exercise the office of Governor until he 
be acquitted, or another Governor shall be duly qualified 
In case of impeachment of the Speaker of the Senate, or 
his death, removal from office, resignation, or absence 
from the State, the Speaker of the House of Representa- 
tives shall succeed to the office, and exercise the duties 
thereof, until a Governor shall be elected and qualified. 

13. No member of Congress, or person holding any 
office under the United States, or this State, shall execute 
the office of Governor. 

14. There shall be a seal of the State, which shall be 
kept by the Governor, and used by him officially, and 
shall be called the great seal of the State of Ohio. 

15. All grants and commissions shall be in the name 
and by the authority of the State of Ohio, sealed with the 
seal, signed by the Governor, and countersigned by the 
secretary. 

16. A secretary of state shall be appointed by a joint 
ballot of the Senate and House of Representatives, who 
shall continue in office three years, if he shall so long be- 
have himself well. He shall keep a fair register of all the 
official acts and proceedings of the Governor ; and shall, 
when required, lay the same, and all papers, minutes. 



CONSTITUTION OF OHIO. 165 

and vouchers, relative thereto, before either branch of tlie 
legislature, and shall perform such other duties as shall 
be assigned him by law. 

Article 3. 
Sec. 1. The judicial power of this State, both as to 
matters of law and equity, shall be vested in a supreme 
court, in courts of common pleas for each county, injus- 
tices of the peace, and in such other courts as the legisla- 
ture may from time to time establish. 

2. The supreme court shall consistof three judges, any 
two of whom shall be a quorum. They shall have origi- 
nal and appellate jurisdiction, both in common law and 
chancery, in such cases as shall be directed by law : pro- 
vided, that nothing herein contained shall prevent the 
general Assembly from adding another judge to the su- 
preme court after the term of five years, in which case 
the judges may divide the State into two circuits, within 
which any two of the judges may hold a court. 

3. The several courts of common pleas shall consistof 
a president and associate judges. The State shall be di- 
vided by law into three circuits : there shall be appointed 
in each circuit a president of the courts, who, during his 
continuance in office, shall reside therein. There shall 
be appointed in each county not more than three nor less 
than two associate judges, who, during their continuance 
in office, shall reside therein. The president and associ- 
ate judges, in their respective counties, any three of 
whom shall be a quorum, shall compose the court of 
common pleas, which court shall have common law and 
chancery jurisdiction, in all such cases as shall be direct- 
ed by law ; provided, that nothing herein contained shall 
be construed to prevent the legislature from increasing tlie 
number of circuits and presidents after the term of five 
years. 

4. The judges of the supreme court and court of com- 
mon pleas, shall have complete criminal jurisdiction in 
such cases and in such manner as may be pointed out by 
law. 

5. The court of common pleas in each county shall 
have jurisdiction of all probate and testamentary matters. 



166 CONSTITUTION OF OHIO. 

granting administration, and the appointment of guardians, 
and such other cases as shall be prescribed by law. 

6. The judges of the court of common pleas shall, 
within their respective counties, have the same powers 
with the judges of the supreme court, to issue writs of 
certiorari to the justices of the peace, and cause their pro- 
ceedings to be brought before them, and the like right and 
justice to be done. 

7. The judges of the supreme court shall, by vntue of 
their offices, be conservators of the peace throughout the 
State. The presidents of the court of common pleas 
shall, by virtue of their offices, be conservators of the 
peace in their respective circuits, and the judges of the 
court of common pleas shall, by virtue of their offices, be 
conservators of the peace in their respective counties. 

8. The judges of the supreme court, the presidents, 
and the associate judges of the courts of common pleas, 
^hall be appointed by a joint ballot of both Houses of the 
general Assembly, and shall hold their offices for the term 
of seven years, if so long they behave well. The judges 
of the supreme court, and the presidents of the courts of 
common pleas, shall, at stated times, receive for their ser- 
vices an adequate compensation, to be fixed by law, 
which shall not be diminished during their continuance 
in office ; but they shall receive no fees or perquisites of 
office, nor hold any other office of profit or trust under 
the authority of this State or the United States. 

9. Each court shall appoint its own clerk, for the term 
of seven years ; but no person shall be appointed clerk, 
except pro tempore^ who shall not produce to the court 
appointing him a certificate from a majority of the judges 
of the supreme court, that they judge him to be well 
qualified to execute the duties of the office of clerk to any 
court of the same dignity with that for which he off'ers 
himself. They shall be removable for breach of good be- 
havior, at any time, by the judges of the respective courts. 

10. The supreme court shall be held once a year, in 
each county ; and the courts of common pleas shall be 
holden in each county at such times and places as shall 
be prescribed by law. 



CONSTITUTION OF OHIO. 167 

11. A competent number of justices of the peace shall 
be elected by the qualified electors in each township in 
the several counties, and shall continue in office three 
years ; whose powers and (iuties shall from time to time 
be regulated and defined by law. 

12. The style of all process shall be, The State of 
Ohio ; and all prosecutions shall be carried on in the 
name and by the authority of the State of Ohio ; and all 
indictments shall conclude, against the peace and dignity 
of the same 

Article 4. 
Sec. 1. In all elections, all white male inhabitants, 
above the age of twenty-one years, having resided in the 
State one year next preceding the election, and who have 
paid, or are charged with, a state or county tax, shall en- 
joy the right of an elector ; but no person shall be entitled 
to vote, except in the county or district in which he 
shall actually reside at the time of the election. 

2. All elections shall be by ballot. 

3. Electors shall, in all cases except treason, felony, 
or breach of the peace, be privileged from arrest during 
their attendance at elections ind in going to and return- 
ing from them. 

4. The legislature shall have full power to exclude 
from the privilege of electing, or being elected, any per- 
son convicted of bribery, perjury, or any other infamous 
crime. 

5. Nothing contained in this article shall be so con- 
strued as to prevent white male persons, above the age of 
twenty-one years, who are compelled to labor on the 
roads of their respective townships or counties, who have 
resided one year in the State, from having the right of an 
elector. 

Article 5. 

Sec. 1. Captains and subalterns in the militia shall be 
elected by those persons in their respective company dis- 
tricts subject to military duty. 

2. Majors shall be elected by the captains and subal- 
terns of the battalion. 



168 COXSTITUTION OF OHIO. 

3. Colonels shall be elected by the majors, captains, 
and subalterns of the regiment. 

4. Brigadiers-general shall be elected by the commis 
sioned officers of their respective brigades. 

4. Majors-general and quarter-masters-general shall be 
appointed by joint ballot of both Houses of the legislature. 

6. The Governor shall appoint the adjutant-general. 
The majors-general shall appoint their aids, and other di- 
vision officers. The brigadiers their majors ; the brigade- 
majors their stafToffioers; commanders of regiments shah 
appoint their adjutants, quarter-masters, and other regi- 
mental stafl' officers ; and the captains and subalterns shall 
appoint their non-commissioned officers and musicians.' 

7. The captains and subalterns of the artillery and ca- 
valry shall be elected by the persons enrolled in their re- 
spective corps, and the majors and colonels shall be ap- 
pointed in such manner as shall be directed by law. The 
colonels shall appoint their regimental staff, and the cap- 
tains and subalterns their non-commissioned officers and 
musicians. 

Article 6. 
Sec. 1. There shall be elected in each county one 
sheriff and one coroner, by the citizens thereof who are 
qualified to vote for members of the Assembly : they shall 
be elected at the time and place of holding elections for 
members of Assembly ; they shall continue in office two 
years if tliey shall so long behave well, and until succes- 
sors be chosen and duly qualified : provided, that no per- 
son shall be eligible as sheriff for a longer term than four 
years in any term of six years. 

2. The state treasurer and auditor shall be triennially 
appointed, by a joint ballot of both Houses of the legisla- 
ture. 

3. All town and township officers shall be chosen an- 
nually, by the inhabitants thereof duly qualified to vote 
for members of die Assembly, at such time and place as 
may be directed by law. 

4. The appointment of all civil officers, not otherwise 
directed by this Constitution shall be made in such man- 
ner as may be directed by law. 



CONSTITUTION OF OHIO. 169 

Article 7. 
Sec. 1. Every person who shall be chosen or appoint- 
ed to any office of trust or profit under the authority of 
the State, shall before entering on the execution thereof, 
take an oath or affirmation to support the Constitution of 
the United States and this State, and also an oath of office. 

2. Any elector who shall receive any gift or reward for 
his vote, in meat, drink, money, or otherwise, shall suffer 
such punishment as the law shall direct ; and any person 
who shall directly or indirectly give, promise, or bestow 
any such reward to be elected, shall thereby be rendered 
incapable for two years to serve in the office for which he 
was elected, and be subject to such other punishment as 
shall be directed by law. 

3. No new county shall be established by the general 
Assembly which shall reduce the county or counties, or 
either of them, from which it shall be taken, to less con- 
tents than four hundred square miles, nor shall any coun- 
ty be laid off of less contents. Every new county, as to 
the right of suffrage and representation, shall be consider- 
ed as a part of the county or counties from which it was 
taken until entitled by numbers to the right of representa- 
tion. 

4. Chillicothe shall be the seat of government until the 
year one thousand eight hundred and eight. No money 
shall be raised until the year one thousand eight hundred 
and nine, by the legislature of this State, for the purpose 
of erecting public buildings for the accommodation of the 
legislature. 

5. That, after the year one thousand eight hundred and 
six, whenever two-thirds of the general Assembly shall 
think it necessary to amend or change this Constitution, 
they shall recommend to the electors, at the next election 
for members to the general Assembly, to vote for oi 
against a convention ; and if it shall appear that a majori- 
ty of the citizens of the State, voting for representatives, have 
voted for a convention, the general Assembly shall, at their 
next session, call a convention, to consist of as many mem 
bers as there may be in the general Assembly, to be chosen 
in the same manner, at the same places, and by the same 
electors that choose the general Assembly, who shall meet 

15 



170 CONSTITUTlOiV OF OHIO. 

within three months after the said election, for the purpose of 
revising, amending, or changing the Constitution. But no 
alterationof this Constitution shall ever take place, so as to 
introduce slavery or involuntary servitude into this State. 
6. That the limits and boundaries of this State be as- 
certained, it is declared, that they are as hereafter men- 
tioned — that is to say, bounded on the east by the Penn- 
sylvania line, on the south by the Ohio river, to the mouth 
of the great Miami river ; on the west by the line drawn 
due north from the mouth of the great Miami aforesaid ; 
and on the north by an east and west line, drawn through 
the southerly extreme of Lake Michigan, running east, 
after intersecting the due north line aforesaid, from the 
mouth of the great Miami, until it shall intersect Lake 
Erie, or the territorial line, and thence with the same 
through Lake Erie to the Pennsylvania line aforesaid : 
Provided, always, and it is hereby fully understood and 
declared by this convention, that if the southerly bend or 
extreme of Lake Michigan should extend so far south, 
that a line drawn due east from it should not intersect 
Lake Erie, or if it should intersect the said Lake Erie 
east of the mouth of the Miami river of the Lake, then 
and in that case, with the assent of the Congress of the 
United States, the northern boundary of this State -shall 
be established by, and extended to a direct line, running 
from the southern extremity of Lake Michigan, to th@ 
most northerly cape of the Miami Bay, after intersecting 
the dae north line from the mouth of the great Miami river 
as aforesaid, thence north-east to the territorial line, and by 
the said territorial line to the Pennsylvania line. 

Article 8. 

That the general, great, and essential principles of 
liberty and free government may be recognised, and for 
ever unalterably established, we declare, 

Skc. 1. That all men are born equally free and inde- 
pendent, and have certain natural, inherent, and unalien- 
able rights, amongst which are the enjoying and defend- 
ing life and liberty, acquiring, possessing, and protecting 
properly, and pursuing and obtaining happiness and safe- 
ty ; and every free republican government, being founded 



CONSTITUTION OF OHIO. 171 

on their sole authority, and organized for the purpose of 
protecting their liberties, and securing their independence 
— to effect these ends they have at all times a complete 
power to alter, reform, or abolish their government, when- 
ever they may deem it necessary. 

2. There shall be neither slavery nor involuntary ser- 
vitude in this State, otherwise than for the punishment of 
crimes, whereof the party shall have been duly convicted ; 
nor shall any male person, arrived at the age of twenly- 
one years, nor female person, arrived at the age of eighteen 
years, be held to serve any person as a servant under pre- 
tence of indenture, or otherwise, unless such person shall 
enter into such indenture while in a state of perfect free- 
dom, and on condition of a bona fide consideration, re- 
ceived or to be received for their service, except as before 
excepted. Nor shall any indenture of any negro or mu- 
latto hereafter made and executed, out of this State, or, 
if made in the State, where the term of service exceeds 
one year, be of the least validity, except those given in 
the case of apprenticeships. 

3. That all men have a natural and indefeasible right 
to worship Almighty God according to the dictates of their 
own consciences ; that no human authority can in any 
case whatever control or interfere with the rights of con- 
science ; that no man shall be compelled to attend, 
erect, or support any place of worship, or to maintain any 
ministry, against his consent ; and that no preference shall 
ever be given by law to any religious society or mode of 
worship : and no religious test shall be required as a quali- 
fication to any office of trust or profit. But religion, mo- 
rality, and knowledge, being essentially necessary to the 
government, and the happiness of mankind, schools, and 
the means of instruction, shall forever be encouraged by 
legislative provision, not inconsistent with the rights of 
conscience. 

4. Private property ought, and shall ever be held invi- 
olate, but always subservient to the public welfare, provi- 
ded a compensation in money be made to the owner. 

5. That the people shall be secure in their persons, 
houses, papers, and possessions from all unv/arrantable 
searches and seizures ; and that general warrants, where- 



172 CONSTITUTION OF OHIO. 

by an officer may be commanded to search suspected 
places, without probable evidence of the fact committed, 
or to seize any person or persons not named, whose of- 
fences are not particularly described, and without oath or 
affirmation, are dangerous to liberty, and shall not be 
granted. 

6. That the printing presses shall be open and free to 
every citizen who wishes to examine the proceedings of 
any branch of government, or the conduct of any public 
officer; and no law shall ever restrain the right thereof. 
Every citizen has an indisputable right to speak, write, 
or print upon any subject, as he thinks proper, being liable 
for the abuse of that liberty. In prosecutions for any 
publication respecting the official conduct of men in a 
public capacity, or where the matter published is proper 
for public information, the truth thereof may always 
be given in evidence ; and in all indictments for libels, the 
jury shall have a right to determine the law and the facts, 
under the direction of the court, as in other cases. 

7. That all courts shall be open, and every person, for any 
injury done him in his lands, goods, person, or reputation, 
shall have remedy by the due course of law ; and right 
and justice administered without denial or delay. 

8. That the right of trial by jury shall be inviolate. 

9. That no power of suspending the laws shall be ex 
ercised, unless by the legislature. 

10. That no person arrested or confined in jail shall be 
treated with unnecessary rigour, or be put to answer any 
criminal charge, but by presentment, indictment, or im- 
peachment. 

11. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and his counsel, to demand 
the nature and cause of the accusation against him, and to 
have a copy thereof; to meet the witnesses face to face; 
to have compulsory process for obtaining witnesses in his 
favor; and, in prosecutions by indictment or presentment, a 
speedy public trial, by an impartial jury of the county or 
district in which the offence shall have been committed, 
and shall not be compelled to give evidence against him- 
self — nor shall he be twice put in jeopardy for the same 
ofTence 



CONSTITUTION OF OHIO. 173 

12. That all persons shall be bailable by sufficient 
sureties unless for capital offences, where the proof is evi- 
dent, or the presumption great, and the privilege of the 
writ' of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety- 
may require it. 

13. Excessive bail shall not be required, excessive 
fines shall not be imposed, nor cruel and unusual punish- 
ments inflicted. 

14. All penalties shall be proportioned to the nature of 
the offence. No wise legislature will affix the same pun- 
ishments to the crimes of theft, forgery, and the like, 
which they do to those of murder and treason. When 
the same undistinguished severity is exerted against all 
offences, the people are led to forget the real distinction 
in the crimes themselves, and to commit the most flagrant 
with as little compunction as they do the lightest offences. 
For the same reasons, a multitude of sanguinary laws ar3 
both impolitic and unjust ; the true design of all punish- 
ments being to reform, not to exterminate mankind. 

15. The person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison after 
delivering up his estate for the benefit of his creditor or 
creditors, in such manner as shall be prescribed by law. 

16. No ex post facto law, nor any law impairing the 
validity of contracts, shall ever be made ; and no convic- 
tion shall work corruption of blood, or forfeiture of estate. 

17. That no person shall be liable to be transported out 
of this State, for any offence committed within the State. 

18. That a frequent recurrence to the fundamental 
principles of civil government is absolutely necessary to 
preserve the blessings of liberty. 

19. That the people have a right to assemble together, 
in a peaceable manner, to consult for their common good, 
to instruct their representatives, and to apply to the legisla- 
ture for redress of grievances. 

20. That the people have a right to bear arms for the 
defence of themselves and the State ; and as standing ar- 
mies in time of peace are dangerous to liberty, they shall 
not be kept up, and that the military shall be kept under 
strict subordination to the civil power. 

15* 



174 COXSTITUTION OF OHIO. 

21. That no person in this State, except such as are 
employed in the Army or Navy of the United States, or 
militia in actual service, shall be subject to corporeal 
punishment under the military law. 

22. That no soldier in time of peace be quartered in 
any house without the consent of the owner, nor in time 
of war, but in the manner prescribed by law. 

23. That the levying taxes by the poll is grievous and 
oppressive ; therefore, the legislature shall never levy a 
poll tax for county or state purposes. 

24. That no hereditary emoluments, privileges, or ho- 
nors shall ever be granted or conferred by this State. 

25. That no law shall be passed to prevent the poor in 
the several counties and townships within this State, from 
an equal participation in the schools, academies, colleges, 
and universities within this Slate, which are endowed, in 
whole or in part, from the revenue arising from the do- 
nations made by the United States for the support of 
schools and colleges; and the doors of the said schools, aca- 
demies, and universities shall be open for the reception of 
scholars, students, and teachers of every grade, without 
any distinction or preference whatever, contrary to the 
intent for which the said donations were made. 

26. That laws shall be passed by the legislature which 
shall secure to each and every denomination of religious 
societies, in each surveyed township, which now is, or 
may hereafter be, fomied in the State, an equal participa- 
tion, according to tlpir number of adherents, of the profits 
arising from the land granted by Congress for the support 
of religion, agreeably to the ordinance or act of Congress 
making the appropriation. 

27. That every association of persons, when regularly 
formed within this State, and having given themselves a 
name, may, on application to the legislature, be entitled 
to receive letters of incorporation, to enable them to hold 
estates, real and personal, for the support of their schools, 
academies, colleges, universities, and other purposes. 

28. To guard against the transgression ot the high 
powers which we have delegated, we declare, that all 
powers not hereby delegated remain with the people. 



CONSTITUTION OF OHIO. 175 

SCHEDULE. 
Sec. 1. That no evils or inconveniences may arise 
from the change of a territorial government to a perma- 
nent state government; it is declared by this Convention 
that all rights, suits, actions, prosecutions, claims, and 
contracts, both as it respects individuals and bodies cor- 
porate, shall continue as if no change had taken place in 
this government. 

2. All fines, penalties, and forfeitures, due and owing 
to the territory of the United States, north-west of the 
Ohio river, shall inure to the use of the State. All bonds 
executed to the Governor, or any other officer in his offi- 
cial capacity in the territory, shall pass over to the Go- 
vernor, or the other officers of the State, and their suc- 
cessors in office, for the use of the State, or by him or 
them to be respectively assigned over to the use of those 
concerned, as the case may be. 

3. The Governor, secretary, and judges, and all other 
officers under the territorial government, shall continue in 
the exercise of the duties of their respective departments 
until the said officers are superseded under the authority 
of this Constitution. 

4. All laws and parts of laws now in force in this ter- 
ritory, not inconsistent with this Constitution, shall con- 
tinue and remain in full effect until repealed by the legis- 
lature, except so much of the act entitled " An act regula- 
ting the admission and practice of attorneys and counsel- 
lors at law ;" and of the act made amendatory thereto, as 
relates to the term of time which the applicant shall have 
studied law, his residence within the territory, and the 
term of time which he shall have practised as an attorney 
at law, before he can be admitted to the degree of a coun- 
sellor at law. 

5. The Governor of the State shall make use of his 
private seal, until a state seal be procured. 

6. The president of the Convention shall issue writs 
of election to the sheriffs of the several counties, requi- 
ring them to proceed to the election of Governor, mem- 
bers of the general Assembly, sheriffs, and coroners, at 
the respective election districts in each county, on the 
second Tuesday of January next, which elections shall 



Vi6 CONSTITUTION OF KENTUCKY. 

be conducted in the manner prescribed by the existing 
election laws of this territory; and the members of the 
general Assembly, sheriffs, and coroners then elected, 
shall continue to exercise the duties of their respective 
offices until the next annual or biennial election thereafter, 
as prescribed in this Constitution, and no longer. 

7. Until the first enumeration shall be made, as direct- 
ed in the second section of the first article of this Consti- 
tution, the county of Hamilton shall be entitled to four 
senators and eight representatives ; the county of Cler- 
mont, one senator and two representatives ; the county of 
Adams, one senator and three representatives ; the county 
of Ross, two senators and four representatives ; the coun- 
ty of Fairfield, one senator and two representatives ; the 
county of Washington, two senators and three represen- 
tatives ; the cdlmty of Belmont, one senator and two re- 
presentatives ; the county of Jefferson, two senators and 
four representatives ; and the county of Trumbull, one 
senator and two representatives. 

Done in Convention, at Chillicothe, on the 29th day of 
November, in the year of our Lord 1802, and of the 
Independence of the United States of America the 27th, 

EDWARD TIFFIN, President. 
Attest, Tho. Scott, Secretary. 



CONSTITUTION OF KENTUCKY. 

Article 1. 

Concerning the Legislative Department. 

Sec. 1. The powers of the government of the State of 
Kentucky shall be divided into three distinct departments, 
and each of them be confided to a separate body of magis 
tracy, to wit: those which are legislative, to one; those 
which are executive, to another ; and those which are ju- 
diciary, to another. 



CONSTITUTION OF KENTUCKY. 1 77 

2. No person or collection of persons, bein^ one of 
those departments, shall exercise any power properly be- 
longing to either of the others ; except in the instances 
hereinafter expressly directed or permitted. 

Article 2. 

Concerning the Distribution of the Powers of the 
Government. 

' ^f^u* ^' ^^^ legislative power of this commonwealth 
snail be vested in two distinct branches ; the one to be 
styled the House of Representatives, the other the Senate 
and both together, the General Assembly of the Common- 
wealth of Kentucky. 

2. The members of the House of Representatives shall 
continue in service for the term of one year from the day 
of the commencement of the general election, and no 
longer. 

3. Representatives shall be chosen on the first Monday 
in the month of August in every year; but the presiding 
officers of the several elections shall continue the same for 
three days, at the request of any one of the candidates. 

4. No person shall be a representative, who at the time 
of his election is not a citizen of the United States, and 
hath not attained to the age of twenty-four years, and re- 
sided in this State two years next preceding his election, 
and the last year thereof in the county or town for which 
he may be chosen. 

5. Elections for representatives for the several counties 
entitled to representation, shall be held at the places of 
holding their respective courts, or in the several election 
precincts into which the legislature may think proper, 
from time to time, to divide any or all of those counties : 
Provided, tnat when it shall appear to the legislature that 
any town hath a number of qualified voters equal to the 
ratio then fixed, such town shall be invested with the pri- 
vilege of a separate representation, which shall be retain- 
ed so long as such town shall contain a number of quali- 
fied voters equal to the ratio which may, from time to 
time, be fixed by law, and thereafter elections, for the 
county in which such town is situated, shall not be held 
therein. 



178 CONSTITUTION OF KENTUCKY. 

6. Representation shall be equal and uniform in this 
commonwealth ; and shall be for ever regulated and as- 
certained by the number of qualified electors therein. In 
the year eighteen hundred and three, and every fourth 
year thereafter, an enumeration of all the free male inhabi- 
tants of the State, above twenty-one years of age, shall be 
made, in such manner as shall be directed by law. The 
number of representatives shall, in the several years of 
making these enumerations, be so fixed as not to be less 
than fifty-eight, nor more than one hundred, and they 
shall be apportioned for the four years next following, as 
near as may be, among the several counties and towns, 
in proportion to the number of qualified electors : but, 
when a county may not have a sufficient number of quali- 
fied electors to entitle it to one representative, and when 
the adjacent county or counties may no^ have a residuum 
or residuums, which, when added to the small county, 
would entitle it to a separate representation, it shall then 
be in the power of the legislature to join two or more to- 
gether, for the purpose of sending a representative : Pro- 
vided, that when there are two or more counties adjoin- 
ing, which have residuums over and above the ratio when 
fixed by law, if said residuums when added together will 
amount to such ratio, in that case one representative shall 
be added to that county having the largest residuum. 

7. The House of Representatives shall choose its 
Speaker and other officers. 

8. In all elections for representatives, every free male 
citizen (negroes, mulattoes, and Indians excepted) who, 
at the time being, hath attained to the age of twenty-one 
years, and resided in the State two years, or the county 
or town in which he offers to vote one year next prece- 
ding the election, shall enjoy the right of an elector ; but 
no person shall be entitled to vote, except in the county 
or town in which he may actually reside at the time of 
the election, except as is herein otherwise provided. 
Electors shall in all cases, except treason, felony, breach 
or surety of the peace, be privileged from arrest during 
their attendance at, going to, and returning from elections, 

9. The members of the Senate shall be chosen for the 
term of four years ; and wlien assembled shall have the 
power to choose its officers annually. 



CONSTITUTION OF KENTUCKY. 179 

10. At the first session of the general Assembly after 
this Constitution takes effect, the senators shall be divided 
by lot, as equally as may be, into four classes : the seats 
of the senators of the first class shall be vacated at the ex- 
piration of the first year ; of the second class, at the expi- 
ration of the second year ; of the third class, at the expira- 
tion of the third year ; and of the fourth class, at the expira- 
tion of the fourth year ; so that one-fourth shall be chosen 
every year, and a rotation thereby kept up perpetually. 

11. The Senate shall consist of twenty-four members 
at least, and for every three members above fifty-eight, 
which shall be added to the House of Representatives, 
one member shall be added to the Senate. 

12. The same number of senatorial districts shall, 
from time to time, be established by the legislature, as 
there may then be senators allotted to the State ; which 
shall be so formed as to contain, as near as may be, an 
equal number of free male inhabitants in each, above the 
age of twenty-one years, and so that no county shall be 
divided, or form more than one district ; and where two 
or more counties compose a district, they shall be ad- 
joining. 

13. When an additional senator may be added to the 
Senate, he shall be annexed by lot to one of the four classes, 
so as to keep them as nearly equal in number as possible. 

14. One senator for each district shall be elected by 
those qualified to vote for representatives therein, who 
shall give their votes at the several places in the counties 
or towns where elections are by law directed to be held. 

15. No person shall be a senator who, at the time of 
his election, is not a citizen of the United States, and who 
hath not attained to the age of thirty-five years, and re- 
sided in this State six years next preceding his election, 
and the last year thereof in the district from which he 
may be chosen. 

16. The first election for senators shall be general 
throughout the State, and at the same time that the gene- 
ral election for representatives is held ; and thereafter there 
shall, in like manner, be an annual election for senators, to 
fill the places of those whose time of service may have 
expired. 



180 CONSTITUTION OF KENTUCKY. 

17. The general Assembly sliall convene on the first 
Monday in the month of November in every year, unless 
a different day be appointed by law ; and their session 
shall be held at the seat of government. 

18. Not less than a majority of the members of each 
House of the general Assembly shall constitute a quorum to 
do business ; but a smaller number may adjourn from day to 
day, and shall be authorized by law to compel the at- 
tendance of absent members, in such manner, and under 
such penalties, as may be prescribed thereby. 

19. Each House of the general Assembly shall judge 
of the qualifications, elections, and returns of its mem- 
bers ; but a contested election shall be determined in such 
manner as shall be directed by law. 

20. Each House of the general Assembly may deter- 
mine the rules of its proceedings ; punish a member for 
disorderly behavior ; and, with the concurrence of two- 
thirds, expel a member, but not a second time for the 
same cause. 

21. Each House of the general Asseinbly shall keep 
and publish, weekly, a journal of its proceedings; and 
the yeas and nays of the members on any question shall, 
at the desire of any two of them, be entered on their 
journal. 

22. Neither House, during the session of the general 
Assembly, shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place 
than that in which they may be sitting. 

23. The members of the general Assembly shall seve- 
rally receive from the public treasury a compensation for 
their services, which shall be one dollar and a half a day, 
during their attendance on, going to, and returning from 
the session of their respective Houses : Provided, that th* 
same may be increased or diminished by law ; but no al- 
teration shall take efi'ect during the session at which such 
alteration shall be made. 

24. The members of the general Assembly shall, in all 
cases, except treason, felony, breach or surety of the 
peace, be privileged from arrest, during their attendance 
at the sessions of their respective Houses, and in going 



CONSTITUTION OF KENTUCKY. 181 

to, and returning from the same ; and for any speech or 
debate, in either House, they shall not be questioned in 
any other place. 

25. No senator or representative shall, during the term 
for which he was elected, nor for one year thereafter, be 
appointed or elected to any civil office of profit under this 
commonwealth, which shall have been created, or the 
emoluments of which shall have been increased, during the 
time such senator or representative was in office, except 
to such offices or appointments as may be made or filled 
by the elections of the people. 

26. No person, while he continues to exercise the 
functions of a clergyman, priest, or teacher, of any reli- 
gious persuasion, society, or sect ; nor w^hilst he holds or 
exercises any office of profit under this commonwealth, 
shall be eligible to the general Assembly ; except attor- 
neys at law, justices of the peace, and militia officers : 
Provided, that justices of the courts of quarter sessions 
shall be ineligible so long as any compensation may be 
allowed them for their services : Provided, also, that at- 
torneys for the commonwealth, who receive a fixed an- 
nual salary from the public treasury, shall be ineligible. 

27. No person who at any time may have been a col- 
lector of taxes for the State, or the assistant or deputy of 
such collector, shall be eligible to the general Assembly 
until he shall have obtained a quietus for the amount of 
such collection, and for all public moneys for which he 
may be responsible. 

28. No bill shall have the force of a law until on three 
several days it be read over in each House of the general 
Assembly, and free discussion allowed thereon ; unless, in 
cases of urgency, four-fifths of the House where the bill 
shall be depending, may deem it expedient to dispense 
with this rule. 

29. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose 
amendments, as in other bills : Provided, that they shall 
not introduce any new matter, under the color of an 
amendment, which does not relate to raising a revenue. 

30. The general Assembly shall regulate, by law, by 

16 



182 CONSTITUTION OF KENTUCKY. 

whom and in what manner writs of election shall be is- 
sued to fill the vacancies which may happen in either 
branch thereof. 

Article 3. 

Concerning the Executive Department. 

Se;c. 1. The supreme executive power of the com- 
monwealth shall be vested in a chief magistrate, who 
shall be styled the Governor of the commonwealth of 
Kentucky. 

2. The Governor shall be elected for the term of four 
years by the citizens entitled to suffrage at the time and 
places where they shall respectively vote for representa- 
tives. The person having the highest number of votes 
shall be Governor ; but if two or more shall be equal and 
highest in votes, the election shall be determined by lot, 
in such manner as the legislature may direct. 

3. The Governor shall be ineligible for the succeeding 
seven years after the expiration of the time for which he 
shall have been elected. 

4. He shall be at least thirty-five years of age, and a 
citizen of the United States, and have been an inhabitant 
of this State at least six years next preceding his elec- 
tion. 

5. He shall commence the execution of his office on 
the fourth Tuesday succeeding the day of the commence- 
ment of the general election on which he shall be chosen, 
and shall continue in the execution thereof until the end 
of four weeks next succeeding the election of his succes- 
sor, and until his successor shall have taken the oaths or 
affirmations prescribed by this Constitution. 

6. No member of Congress, or person holding any of 
lice under the United States, nor minister of any reli- 
gious society, shall be eligible to the office of Governor. 

7. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the term for which he shall have 
been elected. 

8. He shall be commander-in-chief of the army and 
navy of this commonwealth, and of the militia thereof, 



CONSTITUTION OF KENTUCKY. 183 

e?^cept when they shall be called into the service of the 
United States ; but he shall not command personally in 
the field, unless he shall be advised so to do by a resolu- 
tion of the general Assembly. 

9. He shall nominate, and, by and with the advice and 
consent of the Senate, appoint all officers whose offices 
are established by this Constitution or shall be established 
bylaw, and whose appointments are not herein otherwise 
provided for: Provided, that no person shall be so ap- 
pointed to an office within any county, who shall not 
have been a citizen and inhabitant therein one year next 
before his appointment, if the county shall have been so 
long erected ; but if it shall not have been so long erected, 
then within the limits of the county or counties from 
which it shall have been taken: Provided, also, that the 
county courts be authorized by law to appoint inspectors, 
collectors, and their deputies, surveyors of the highways, 
constables, jailers, and such other inferior officers, whose 
jurisdiction may be confined within the limits of a county, 

10. The Governor shall have power to fill up vacancies 
that may happen during the recess of the Senate, by 
granting commissions, which shall expire at the end of 
the next session. 

11. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeach- 
ment. In cases of treason, he shall have power to grant 
reprieves until the end of the next session of the general 
Assembly; in which the power of pardoning shall be 
vested. 

12. He may require information in writing from the 
officers in the executive department, upon any subject 
relating to the duties of their respective offices. 

13. He shall from time to time give to the general As- 
sembly information of the state of the commonwealth, and 
recommend to their consideration such measures as he 
shall deem expedient. 

14. He may on extraordinary occasions convene the 
general Assembly at the seat of government, or at a differ- 
ent place, if that should have become, since their last ad- 
journment, dangerous from an enemy, or from contagious 
disorders ; and in case of disagreement between the two 



184 CONSTITUTION OF KENTUCKY. 

Houses, with respect to the time of adjournment, adjourn 
them to such time as he shall think proper, not exceeding 
four months. 

15. He shall take care that the laws be faithfully exe- 
cuted. 

16. A Lieutenant-Governor shall be chosen at every 
election for a Governor, in the same manner, continue in 
office for the same time, and possess the same qualifica- 
tions. In voting for Governor and Lieutenant-Governor, 
the electors shall distinguish whom they vote for as Gover- 
nor, and whom as Lieutenant-Governor. 

17. He shall, by virtue of his office, be speaker of the 
Senate, have a right, when in committee of the whole, to 
debate and vote on all subjects ; and, when the Senate are 
equally divided, to give the casting vote. 

18. In case of the impeachment of the Governor, his 
removal from office, death, refusal to qualify, resignation, 
or absence from the State, the Lieutenant-Governor shall 
exercise all the power and authority appertaining to the 
office of Governor, until another be duly qualified, or the 
Governor absent or impeached shall return or be acquitted. 

19. Whenever the government shall be administered 
by the Lieutenant-Governor, or he shall be unable to 
attend as Speaker of the Senate, the senators shall elect 
one of their own members as Speaker, for that occasion. 
And if, during the vacancy of the office of Governor, the 
Lieutenant-Governor shall be impeached, removed from 
office, refuse to qualify, resign, die, or be absent from the 
State, the Speaker of the Senate shall, in like manner, 
administer the government. 

20. The Lieutenant-Governor, while he acts as Speaker 
to the Senate, shall receive for his services the same com- 
pensation which shall for the same period be allowed to 
the Speaker of the House of Representatives, and no 
more ; and during the time he administers the government 
as Governor, shall receive the same compensation which 
the Governor would have received and been entitled to 
had he been employed in the duties of his office. 

21. The Speaker pro tempore of the Senate, during the 
fime he administers the government, shall receive in like 



CONSTITUTION OF KENTUCKY. 185 

manner the same compensation which the Governor 
would have received had he been employed in the duties 
of his office. 

22. If the Lieutenant-Governoi shall be called upon to 
administer the government, and shall, while in such ad- 
ministration, resign, die, or be absent from the State 
during the recess of the general Assembly, it shall be the 
duty of the secretary, for the time being, to convene the 
Senate for the purpose of choosing a Speaker. 

23. An attorney-general, and such other attorneys for 
the commonwealth as may be necessary, shall be appointed, 
whose duty shall be regulated by law. Attorneys for the 
commonwealth, for the several counties, shall be appointed 
by the respective courts having jurisdiction therein. 

24. A secretary shall be appointed and commissioned 
during the term for which the Governor shall have been 
elected, if he shall so long behave himself well. He shall 
keep a fair register, and attest all the official acts and pro- 
ceedings of the Governor, and shall, when required, lay 
the same, and all papers, minutes, and vouchers, relative 
thereto, before either House of the general Assembly, and 
shall perform such other duties as may be enjoined him 
by law. 

25. Every bill which shall have passed both Houses 
shall be presented to the Governor : if he approve, he 
shall sign it, but if not, he shall return it with his objec- 
tions, to the House in which it shall have originated, who 
shall enter the objections at large upon the journal, and 
proceed to reconsider it; if, after such reconsideration, a 
majority of all the members elected to that House shall 
agree to pass the bill, it shall be sent, with the objections, 
to the other House, by which it shall be likewise con- 
sidered, and if approved by a majority of all the members 
elected to that House, it shall be a law ; but in such cases 
the votes of both Houses shall be determined by yeas and 
nays, and the persons voting for and against the bill shall 
be entered on the journal of each House respectively ; if 
any bill shall not be returned by the Governor, within 
ten days (Sundays excepted) after it shall have been pre- 
sented to him, it shall be a law in like manner as if he 
had signed it, unless the general Assembly by their ad 

16* 



186 CONSTITUTION OF KENTUCKY. 

journment prevent its return ; in which case it shall be a 
law, unless sent back within three days after their next 
meeting. 

26. Every order, resolution, or vote, to which the con- 
currence of both Houses may be necessary, except on a 
question of adjournment, shall be presented to the Gover- 
nor, and before it shall take effect, be approved by him ; 
or, being disapproved, shall be repassed, by a majority of 
all the members elected to both Houses, according to the 
rules and limitations prescribed in case of a bill. 

27. Contested elections for a Governor and Lieute- 
nant-Governor shall be determined by a committee to be 
selected from both Houses of the general Assembly, and 
formed and regulated in such manner as shall be directed 
by law. 

28. The freemen of this commonwealth (negroes, mu- 
lattoes, and Indians excepted) shall be armed and disci- 
plined for its defence. Those who conscientiously scru- 
ple to bear arms shall not be compelled to do so, but shall 
pay an equivalent for personal service. 

29. The commanding officers of the respective regi- 
ments, shall appoint the regimental staff*; brigadier-gene- 
rals, their brigade-majors; major-generals, their aids ; and 
captains, the non-commissioned officers of companies. 

30. A majority of the field-officers and captains in each 
regiment shall nominate the commissioned officers in 
each company, who shall be commissioned by the Go- 
vernor : Provided, that no nomination shall be made, un- 
less two at least of the field-officers are present; and 
when two or more persons have an equal and the highest 
number of votes, the field-officer present, who may be 
highest in commission, shall decide the nomination. 

31. Sheriff's shall hereafter be appointed in the follow- 
ing manner : when the time of a sheriff" for any county 
may be about to expire, the county court for the same, a 
majority of all its justices being present, shall, in the 
months of September, October, or November, next pre- 
ceding thereto, recommend to the Governor two proper 
persons to fill the office, who are then justices of the 
county court; and who shall in such recommendation 
pay a just regard to seniority in office and a regular rota- 
tion. One of the persons so recommended shall be com- 



CONSTITUTION OF KENTUCKY. 187 

missioned by the Governor, and shall hold his office for 
two years, if he so long behave well, and until a succes- 
sor be duly qualified. If the county courts shall omit, in 
the months aforesaid, to make such recommendation, the 
Governor shall then nominate, and by and with the ad- 
vice and consent of the Senate, appoint a fit person to fill 
such office. 

Article 4. 

Concerning the Judicial Department. 

Sec. 1. The judiciary power of this commonwealth, 
both as to matters of law and equity, shall be vested in 
one supreme court, which shall be styled the court of ap- 
peals, and in such inferior courts as the general Assembly 
may from time to time erect and establish. 

2. The court of appeals, except in cases otherwise di- 
rected by this Constitution, shall have appellate jurisdic- 
tion only ; which shall be co-extensive with the State, un- 
der such restrictions and regulations, not repugnant to 
this Constitution, as may from time to time be prescribed 
by law. 

3. The judges, both of the supreme and inferior courts, 
shall hold their offices during good behavior; but for any 
reasonable cause which shall not be sufficient ground of 
impeachment, the Governor shall remove any of them on 
the address of two-thirds of each House of the general 
Assembly ; Provided, however, that the cause or causes 
for which such removal may be required, shall be stated 
at length in such address, and on the journal of each 
House. They shall at stated times receive for their ser- 
vices an adequate compensation to be fixed by law. 

4. The judges shall, by virtue of their office, be con- 
servators of the peace throughout the State. The style 
of all process shall be, *' the commonwealth of Ken- 
tucky." All prosecutions shall be carried on in the 
name and by the authority of the commonwealth of Ken- 
tucky, and conclude, against the peace and dignity of the 
same. 

5. There shall be established in each county, now, or 
which may hereafter be erected, within this common- 
wealth, a county court. 



188 CONSTITUTION OF KENTUCKY. 

6. A competent number of justices of the peace shall 
be appointed in each county; they shall be commission- 
ed during good behavior, but may be removed on convic- 
tion of misbehavior in office, or of any infamous crime, 
or on tlie address of two-thirds of each House of the gene- 
ral Assembly : Provided, however, that the cause or 
causes for which such removal may be required, shall be 
stated at length in such address, on the journal of each 
House. 

7. The number of the justices of the peace to which 
the several counties in this commonwealth now establish- 
ed, or which may hereafter be established, ought to be 
entitled, shall, from time to time, be regulated by law. 

8. When a surveyor, coroner, or justice of the peace 
shall be needed in any county, the county court for the 
same, a majority of all the justices concurring therein, 
shall recommend to the Governor two proper persons to 
fill the office, one of whom he shall appoint thereto : 
Provided, however, that if the county court shall for 
twelve months omit to make such recommendation, after 
being requested by the Governor to recommend proper 
persons, he shall then nominate, and, by and with the ad- 
vice and consent of the Senate, appoint a fit person to fill 
such office. 

9. When a new county shall be erected, a competent 
number of justices of the peace, a sheriff, and coroner 
therefor, shall be recommended to the Governor by a ma- 
jority of all the members of the House of Representa- 
tives, from the senatorial district or districts in which the 
county is situated ; and if either of the persons thus re- 
commended shall be rejected by the Governor or the 
Senate, another person shall immediately be recommend- 
ed as aforesaid. 

10. Each court shall appoint its own clerk, who shall 
hold his office during good behavior ; but no person shall 
be appointed clerk, only pro tempore, who shall not pro- 
duce to the court appointing him, a certificate from a ma- 
jority of the judges of the court of appeals that he had 
been examined by their clerk in their presence, and un- 
der their direction, and that they judge him to be well 
qualified to execute the office of clerk of any court of the 



CONSTITUTION OF KENTUCKY. 189 

same dignity with that for which he offers himself. They 
shall be removable for breach of good behavior, by the 
court of appeal only, who shall be judges of the fact as 
well as of the law. Two-thirds of the members present 
must concur in the sentence. 

11. All commissions shall be in the name, and by the 
authority of the State of Kentucky, and sealed with the 
state seal, and signed by the Governor. 

12. The state treasurer, and printer or printers, for the 
commonwealth, shall be appointed annually by the joint 
vote of both Houses of the general Assembly : Provided, 
that, during the recess of the same, the Governor shall 
have power to fill vacancies which may happen in either 
of the said offices. 

Article 5. 

Concerning Impeachments. 

Sec. 1. The House of Representatives shall have the 
sole power of impeaching. 

2. All impeachments shall be tried by the Senate ; 
when sitting for that purpose, the senators shall be upon 
oath or affirmation : no person shall be convicted without 
the concurrence of two-thirds of the members present. 

3. The Governor and all civil officers shall be liable to 
impeachment for any misdemeanor in office ; but judge- 
ment, in such cases, shall not extend further than to re- 
moval from office, and disqualification to hold any office 
of honor, trust, or profit, under this commonwealth; but 
the party convicted shall nevertheless be liable and sub- 
ject to indictment, trial, and punishment, according to 
law. 

Article 6. 

General Provisions. 

Sec. 1. Members of the general Assembly and all offi- 
cers, executive and judicial, before they enter upon the 
execution of their respective offices, shall take the follow- 
ing oath or affirmation "I do solemnly swear, (or af- 
firm, as the case may ba that I will be faithful and true 
to the commonwealth of Ii antucky, so long as I continue 



190 CONSTITUTION OF KENTUCKY. 

a citizen thereof, and that I will faithfully execute, to the 

best of my abilities, the office of , according to 

law." 

2. Treason against the commonwealth shall consist 
only in levying war against it, or in adhering to its ene- 
mies, giving tlieni aid and comfort. JNo person shall be 
convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or his own confession in 
open court. 

3. Every person shall be disqualified from serving- as 
a Governor, Lieutenant-Governor, Senator, or Represen- 
tative, for the term for which he shall have been elected, 
who shall be convicted of having given or offered any 
bribe or treat to procure his election. 

4. Laws shall be made to exclude tiom office, and 
from suffrage, those who shall thereafter be convicted of 
bribery, perjury, forgery, or other high crimes and mis- 
demeanors. The privilege of free suffrage shall be sup- 
ported bylaws regulating elections, and prohibiting, under 
adequate penalties, all undue infl.uence thereon, from 
power, bribery, tumult, or other improper practices. 

5. No money shall be drawn from the treasury, but in 
pursuance of appropriations made by law, nor shall any 
appropriations of money, for the sup])ort of an army, be 
made for a longer time than one year ; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published annually. 

6. The general Assembly shall direct by law in what 
manner, and in what courts, suits may be brought against 
the commonwealth. 

7. The manner of administering an oath or affirmation 
shall be such as is most consistent with the conscience of 
the deponent, and shall be esteemed by the general As- 
sembly the most solemn appeal to God. 

8. AH laws which, on the first day of June, one thou- 
sand seven hundred and ninety-two, were in force in the 
State of Virginia, and which are of a general nature, and 
not local to that State, and not repugnant to this Consti- 
tution, nor to the laws which have been enacted by the 
legislature of this commonwealth, shall be in force within 
this State, until they shall be altered or repealed by the 
general Assembly. 



CONSTITUTION OF KENTUCKY. 191 

9. The compact with the State of Virginia, subject to 
fiuch alterations as may be made therein, agreeably to the 
mode prescribed by the said compact, shall be considered 
as part of this Constitution. 

10. It shall be the duty of the general Assembly to 
pass such laws as may be necessary and proper to decide 
differences by arbitrators, to be appointed by the parties 
who may choose that summary mode of adjustment. 

11 All civil officers for the commonwealth at large 
shall reside within the State, and all district, county, or 
town officers, within their respective districts, counties, or 
towns, (trustees of towns excepted,) and shall keep their 
respective offices at such places therein as may be re- 
quired by law : and all militia officers shall reside in the 
bounds of the division, brigade, regiment, battalion, or 
company, to which they may severally belong. 

12. The attorney-general, and other attorneys for this 
commonwealth, who receive a fixed annual salary from 
the public treasury, judges, and clerks of courts, justices 
of the peace, surveyors of lands, and all commissioned 
militia officers, shall hold their respective offices during 
good behavior, and the continuance of their respective 
courts, under the exceptions, contained in this Constitution. 

13. Absence on the business of this State, or the 
United States, shall not forfeit a residence once obtained, 
so as to deprive any one of the right of suffrage, or of 
being elected or aopointed to any office under this com- 
monwealth, under the exceptions contained in this Con^ 
stitution. 

14. It shall be the duty of the general Assembly to re- 
gulate by law, in what cases and what deduction from the 
salaries of public officers shall be made for neglect of dutv 
in their official capacity. 

15. Returns of all elections for Governor, Lieutenant- 
Governor, and members of the general Assembly, shall be 
made to the Secretary, for the time being. 

16. In all elections by the people, and also by the Se- 
nate and House of Representatives, jointly or separately, 
me votes shall be personally and publicly given, viva voce. 

17. No member of Congress, nor person holding or ex- 
ercising any office of trust, or profit, under the United 



192 CONSTITUTION OF KENTUCKY. 

States, or either of them, or under any foreign power, 
shall be eligible as a member of the general Assembly of 
this commonwealth, or hold or exercise any office of trust, 
or profit, under the same. 

18. The general Assembly shall direct by law how 
persons who now are, or may hereafter become, securi- 
ties for public officers, may be relieved or discharged on 
account of such securityship. 

Article 7. 
Concerning Slaves, 

Sec. 1. The general Assembly shall have no power to 
pass laws for the emancipation of slaves without the con- 
sent of their owners, or without paying their owners, pre- 
vious to such emancipation, a full equivalent in money for the 
slaves so emancipated. They shall have no power to 
prevent emigrants to this State from bringing with them 
such persons as are deemed slaves by the laws of any of the 
United States, so long as any person of the same age or de- 
scription shall be continued in slavery by the laws of this 
State. They shall pass laws to permit the owners of 
slaves to emancipate them, saving the rights of creditors, 
and preventing them from becoming a charge to any 
county in this commonwealth. They shall have full 
power to prevent slaves being brought into this State as 
merchandise. They shall have full power to prevent any 
slaves being brought into this State, who have been, since 
the first day of January, one thousand seven hundred and 
eighty-nine, or may hereafter be, imported into any of the 
United States, from a foreign country. And they shall 
have full power to pass such laws as may be necessary 
to oblige the owners of slaves to treat them with humani- 
ty, to provide for them necessary clothing and provision, 
to abstain from all injuries to them extending to life, or 
limb, and in case of their neglect or refusal to comply 
with the directions of such laws, to have such slave or 
slaves sold for the benefit of their owner or owners. 

2. In the prosecution of slaves for felony, no inquest by 
a grand jury shall be necessary, but the proceedings in 



CONSTITUTION OF KENTUCKY. 193 

such prosecutions shall be regulated by law : except that 
the general Assembly shall have no power to deprive 
them of the privilege of an impartial trial by a petit jury. 

Article 8. 

Sec. 1. The seat of government shall continue in the 
town of Frankfort, until it shall be removed by law ; 
Provided, however, that two-thirds of all the members 
elected to each House of the general Assembly shall con- 
cur in the passage of such law. 

Article 9. 
Mode of Revising the Constitution. 

Sec. 1. When experience shall point out the necessity 
of amending th;s Constitution, and when a majority of all 
the members elected to each House of the general As- 
sembly shall, within the first twenty days of their stated 
annual session, concur in passing a law, specifying the al- 
terations intended to be made, for taking the sense of the 
good people of this State, as to the necessity and expe- 
diency of calling a Convention, it shall be the duty of the 
several sheriffs, and other returning officers, at the next 
general election which shall be held for representatives 
after the passage of such law to open a poll for, and 
make return to the secretary, for the time being, of the 
names of all those entitled to vote for representatives, 
who have voteu for calling a Convention ; and if there- 
upon it shall appear that a majority of all the citizens of 
this State entitled to vote for representatives have voted 
for a Convention, the general Assembly shall direct that 
a similar poll shall be opened and taken for the next year; 
and if thereupon it shall appear that a majority of all the 
citizens of this State entitled to vote for representatives 
have voted for a Convention, the general Assembly shall, 
at their next session, call a Convention, to consist of as 
many membejrs as there shall be in the House of Repre- 
sentatives, and no more ; to be chosen in the same man- 
ner and proportion, at the same places, and at the same 
time, that representatives are, by citizens entitled to vote 
for representatives ; and to meet within three months after 
17 



194 CONSTITUTION OF KENTUCKY. 

the said election, for the purpose of re-adopting, amending 
or changing this Constitution. But if it shall appear, by 
the vote of either year, as aforesaid, that a majority of all 
the citizens entitled to vote for representatives did not 
vote for a Convention, a Convention shall not be called. 

Article 10. 
- That the general, great, and essential principles of lib 
erty and free government may be recognized and esta 
Wished, we declare : 

Sec. 1. That all free men, when they form a social 
compact, are equal ; and that no man or set of men are 
entitled to exclusive, separate, public emoluments or pri- 
vileges, from the community, but in consideration of pub- 
lic services. 

2. That all power is inherent in the people, and all 
free governments are founded on their authority, and in- 
stituted for their peace, safety and happiness : For the 
advancement of these ends, they have at all times an un- 
alienable and indefeasible right to alter, reform, or abolish 
their government, in such manner as they may think pro- 
per. 

3. That all men have a natural and indefeasible right 
to worship Almighty God, according to the dictates of 
their own consciences ; that no man shall be compelled 
to attend, erect, or support any place of worship, or to 
maintain any ministry against his consent ; that no hu- 
man authority ought, in any case whatever, to control or 
interfere with the rights of conscience ; and that no pre- 
ference shall ever be given by law to any religious socie- 
ties or modes of worship. 

4. That the civil rights, privileges, or capacities of any 
citizen shall in no wise be diminished or enlarged on ac- 
count of his religion. 

5. That all elections shall be free and equal. 

6. That the ancient mode of trial by jury shall be held 
SDcred, and the right thereof remain inviolate. 

7. That printing presses shall be free to every person 
who undertakes to examine the proceedings of the legis- 
latu re or any branch of government ; and no law shall 
ever be made to restrain the right thereof. The free com- 



CONSTITUTION OF KENTUCKY. 195 

munication of thoughts and opinions is one of the invalua 
ble rights of man, and every citizen may freely speak, 
write, and print, on any subject, being responsible for 
the abuse of that liberty. 

8. In prosecutions for the publication of papers inves- 
tigating the official conduct of officers, or men in a pub- 
lic capacity, or where the matter published is proper for 
public information, the truth thereof may be given in evi- 
dence. And in all indictments for libels, the jury shall 
have a right to determine the law and the facts, under the 
direction of the court, as in other cases. 

9. That the people shall be secure in their persons, 
houses, papers, and possessions, from unreasonable 
seizures and searches ; and that no warrant to search any 
place or to seize any person or thing, shall issue without 
describing them as nearly as may be, nor without proba- 
ble cause, supported by oath or affirmation. 

10. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and counsel : to demand 
the nature and cause of the accusation against him : to 
meet the witnesses face to face : to have compulsory pro- 
cess for obtaining witnesses in his favor ; and, in prose- 
cutions by indictment or information, a speedy public 
trial, by an impartial jury of the vicinage ; that he cannot 
be compelled to give evidence against himself, nor can he 
be deprived of his life, liberty, or property, unless by the 
judgment of his peers, or the law of the land. 

11. That na person shall, for any indictable offence, 
be proceeded against criminally by information, except in 
cases arising in the land or naval forces, or the militia, 
when in actual service, in time of war or public danger, 
by leave of the court, for oppression or misdemeanor in 
office. 

12. No person shall, for the same offence, be twice 
put in jeopardy of his life or limb, nor shall any man's 
property be taken or applied to public use without the 
consent of his representatives, and without just compen- 
sation being previously made to him. 

13. That all courts shall be open, and every person for 
any injury done him in his lands, goods, person, or re- 



CONSTITUTION OF KENTUCKY. 

putatioii, shall have remedy by the due course of law ; 
and right and justice administered without sale, denial, or 
delay. 

14. That no power of suspending laws shall be exer- 
cised, unless by the legislature or its authority. 

15. That excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel punishments inflicted 

16. That all prisoners shall be bailable by sufficient se- 
curities, unless for capital offences, when the proof is evi- 
dent, or presumption great ; and the privilege of the writ 
oi habeas corpus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety may re- 
quire it. 

17. That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in pri- 
son after delivering up his estate for the benefit of his 
creditors, in such manner as shall be prescribed by law. 

18. That no ex post facto law, nor any law impairing 
contracts, shall be made. 

19. That no person shall be attainted of treason or felo- 
ny by the legislature. 

20. That no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of 
estate to the commonwealth. 

21. That the estates of such persons as shall destroy 
their own lives, shall descend or vest as in case of natural 
death ; and if any person shall be killed by casualty, 
there shall be no forfeiture by reason thereof. 

22. That the citizens have a right in a peaceable man- 
ner to assemble together for their common good, and to 
apply to those invested with the powers of government 
for redress of grievances or other proper purposes, by pe- 
tition, address, or remonstrance. 

23. That the rights of the citizens to bear arms in de- 
fence of themselves and the State shall not be questioned. 

24. That no standing army shall, in time of peace, be 
kept up, without the consent of the legislature ; and the 
military shall, in all cases and at all times, be in strict 
subordination to the civil power. 

25. That no soldier shall in time of peace, be quarter- 
ed in any House without the consent of the owr°'* "'"^ 
in time of war, but in a manner to be prescribed b^ ._.. 



CONSTITUTION OF KENTUCKY. 19? 

26. That the legislature shall not grant any title of no- 
bility, or hereditary distinction, nor create any office, the 
appointment to which shall be for a longer term than du- 
ring good behavior. 

27. That emigration from this State shall not be pro- 
hibited. 

28. To guard against transgressions of the high pow- 
ers which we have delegated, we declare, that every 
thing in this article is excepted out of the general powers 
of government, and shall for ever remain inviolate ; and 
that all laws contrary thereto, or contrary to this Consti- 
tution, shall be void. 

SCHEDULE. 

That no inconvenience may arise from the alterations 
and amendments made in the Constitution of this com- 
monwealth, and in order to carry the same into complete 
operation, it is hereby declared and ordained : 

Sec. 1. That all laws of this commonwealth, in force 
at the time of making the said alterations and amend- 
ments, and not inconsistent therewith, and all rights, ac- 
tions, prosecutions, claims, and contracts, as well of in- 
dividuals as of bodies corporate, shall continue as if the 
said alterations and amendments had not been made. 

2. That all officers now filling any office or appoint- 
ment, shall continue in the exercise of the duties of their 
respective offices or appointments for the terms therein 
expressed, unless by this Constitution it is otherwise di- 
rected. 

3. The oaths of office herein directed to be taken, may 
be administered by any justice of the peace, until the 
legislature shall otherwise direct. 

4. The general Assembly, to be held in November next, 
shall apportion the representatives and senators, and lay 
off the State into senatorial districts conformable to the 
regulations prescribed by this Constitution. In fixing 
those apportionments, and in establishing those districts, 
they shall take for their guide the enumeration directed 
by law to be made in the present year, by the commis- 
sioners of the tax, and the apportionments thus made shall 



198 CONSTITUTION OF KENTUCKY. 

remain unaltered until the end of the stated annual session 
of the general Assembly in ths year eighteen hundred 
and three. 

5. In order that no inconvenience may arise from the 
change made by this Constitution in the' time of holding 
the general election, it is hereby ordained that the firs°t 
election for Governor, Lieutenant-Governor, and members 
of the general Assembly, shall commence on the first 
Monday in May, in the year eighteen hundred. The 
persons then elected shall continue in office during the 
several terms of service prescribed by this Constitution, 
and until the next general election which shall be held 
after the said terms shall have respectively expired. The 
returns for the said first election of Governor and Lieu- 
tenant-Governor shall be made to the secretary, within 
fifteen days from the day of election, who shall, as soon 
as may be, examine and count the same, in the presence 
of at least two judges of the court of appeals, or district 
courts, and shall declare who are the persons thereby 
duly elected, and give them official notice of their election ; 
and if any person shall be equal and highest on the poll, 
the said judges and secretary shall determine the election 
by lot. 

6. This Constitution, except so much thereof as is 
therein directed, shall not be in force until the first day 
of June, in the year eighteen hundred ; on which day the 
whole thereof shall take full and complete effect. 

Done in Convention, at Frankfort, the seventeenth day 
of August, one thousand seven hundred and ninety- 
nine, and of the independence of the United States 
of America the twenty-fourth. 

ALEXANDER S. BULLIT, P. C. 



LO 



AgoO 



